C.N.RAMACHANDRAN NAIR, HARUN-UL-RASHID
The New India Assurance Company Ltd. – Appellant
Versus
K. Radhika – Respondent
Ramachandran Nair, J.
Appeal is filed by the insurance company against the award of MACT directing the appellant to pay compensation for the death of son of the first respsondent, the remaining respondents being siblings of the deceased. Claim Petition was filed by respondents under Section 163A of the M.V. Act and the MACT granted compensation of Rs. 1,84,500/- and since the motorbike was covered by a comprehensive policy (B policy), the appellant was directed to deposit compensation. It is against this part of the award that the appellant has filed this appeal. We have heard standing counsel appearing for the appellant and counsel appearing for the respondents.
2. Counsel appearing for the appellant cited decision of the Supreme Court in NEW INDIA ASSURANCE CO. LTD. V. JAYA, (2002) 1 K.L.T. 596 (SC), and also Full Bench decision of this Court in MATHEW JOSEPH V. JANAKI, (2007) 1 K.L.T. 747 (FB) and contended that insurance company has no liability to pay compensation for the death of rider of a motor-cycle though the policy is a comprehensive policy (B policy). Counsel appearing for the respondents on the other hand referred to Division Bench decision of this Court in
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