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2015 Supreme(Ker) 1435

P.R.RAMACHANDRA MENON, K.HARILAL
FRANCIS K. T. – Appellant
Versus
SABU AUGUSTINE – Respondent


Advocates Appeared:
For the Appellant : Reji George, Gopakumar G., Anupama Johny and R. Remji.
For the Respondent: A. Sreekala and A.A. Ziyad Rahman.

JUDGMENT :

P.R. RAMACHANDRA MENON, J.

1. This appeal has been preferred by the claimant mainly being aggrieved of the inadequacy of compensation awarded by the Tribunal and also in exonerating the Insurance Company from the liability, despite the fact that there was valid policy coverage in respect of the vehicle involved and further that the same was a 'comprehensive policy' covering the risk of the pillion rider as well. The Tribunal exonerated the Insurance Company by placing reliance on the decision rendered by the Supreme Court in United India Insurance Co. Ltd., Shimla Vs. Tilak Singh and Others, to the effect that pillion rider is not covered under the policy and hence the challenge. The accident occurred on 12.05.2002, when the petitioner was travelling as a pillion rider on the a motor cycle bearing No. KL.7X-6391, who sustained injuries when the motor cycle overturned because of rash and negligent riding by the first respondent/owner. After completing the treatment availed in respect of the injuries, the appellant approached the Tribunal by filing the claim petition.

2. The first respondent, owner-cum-rider did not choose to contest the matter and was set ex parte. The claim


























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