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2008 Supreme(Ker) 373

J.B.KOSHY, P.N.RAVINDRAN
Benz Automobiles Ltd. – Appellant
Versus
P. D. Thomas, S/O. Devassy – Respondent


Advocates Appeared: For the Appellant:P. Gopakumaran Nair, C.S. Dias, Ajith Murali, Advocates. For The Respondents:R1, P. Ramakrishnan, T.C. Krishna, R2, M. Jacob Murickan, Advocates.

Judgment :-

Koshy, J.

The appellant was the owner of a motor cycle bearing Reg.No.KCF 322. The first respondent, a Field Officer of the appellant company was provided with the above motor vehicle for carrying out the work in connection with the employment. He sustained injuries in an accident while driving the above motor vehicle during the course of employment. He applied for compensation under the Workmens Compensation Act. Workmens Compensation Commissioner allowed the claim and directed the Insurance Company which insured the motor cycle to pay the amount. The Insurance Company filed an appeal and the matter was remanded. The contention of the Insurance Company is that the liability of the Insurance Company is excluded in view of Clause 3(b) of General Exceptions, wherein it is stated the company has no liability if the motor cycle is driven by any person other than a driver. According to the Insurance Company, the conditions of the policy make it clear that only if the vehicle is driven by a paid driver, it is liable to pay the amount. But in the general exception made in the policy, it is not mentioned only if a person engaged as a paid driver is covered. However, since only t













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