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2003 Supreme(Ker) 222

K.A.ABDUL GAFOOR, K.THANKAPPAN
United India Insurance Co. Ltd. , Ernakulam – Appellant
Versus
K. S. Suneethi Ramachandran – Respondent


Advocates:
M/s. D. S. Warrier and Mary Anita Jose, for Appellant; Tom Jose, for Respondents.

Judgement

ABDUL GAFOOR, J. :- The insurer has come up with this appeal contending that the pillion rider who died in the motor accident is not entitled to be compensated by the insurer.

2. It is contended that the very intention of the statute, as indiscernible from Section 147 of the Motor Vehicles Act, 1988 (hereinafter referred to as "the Act"), is that no person other than those specifically mentioned in that statutory provision is liable to be covered by an Act policy. This is clear from the decisions reported in New India Assurance Co. Ltd. v. Asha Rani, 2002 AIR SCW 5259 : (AIR 2003 SC 607) and Oriental Insurance Company Ltd. v. Devireddy Konda Reddy, 2003 (1) JT (SC) 372 : (AIR 2003 SC 1009. The Supreme Court has considered the subsequent amendment to the Motor Vehicles Act, 1988 to bring the owner of the goods or the representative of the owner of the goods carried in a goods vehicle within the coverage of an Act policy and has held that when the Act did not intend to bring in a class of persons, it cannot be taken that such persons are covered by the statutory policy. These are cases concerning passengers carried in a goods vehicle before the amendment to Section 147(1)(b)(





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