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IN THE HIGH COURT OF KERALA AT ERNAKULAM
A.K.JAYASANKARAN NAMBIAR, PREETA A.K.
United india insurance co. Ltd., Represented By Its Lakshmi K.J , Deputy Manager – Appellant
Versus
Lakshmi, W/o. Balan – Respondent
| Table of Content |
|---|
| 1. summary of facts leading to the dispute regarding personal accident claim rejection. (Para 1 , 2 , 3) |
| 2. court's interpretation of pa coverage application, confirming the 'stepping into the shoes' principle and rejecting the appellant's attempt to prolong settled litigation. (Para 4 , 5 , 6) |
Judgment :
A.K. Jayasankaran Nambiar, J.
The United India Insurance Company is the appellant before us, aggrieved by the judgment dated 04.12.2025 of a learned Single Judge that dismissed a writ petition filed by it, assailing an award passed by the Permanent Lok Adalat for Public Utility Services [PLA], Kozhikode.
2. The brief facts necessary for disposal of this Writ Appeal are as follows:
The appellant had issued a motor cycle/scooter liability only policy to cover vehicle No.KL 49B 0752 owned by the 2nd respondent. As per the said policy, compulsory personal accident coverage for the owner/driver was also granted subject to the conditions prescribed in the policy document. Those conditions stipulated that the owner - driver had to be the registered owner of the vehicle, that the owner - driver was the insured person and that the owner- driver had to hold an effective driving li
A person driving a motor vehicle with the permission of the registered owner, who holds a policy with personal accident coverage for the owner-driver, steps into the shoes of the owner and is entitle....
Personal accident coverage under a Motor Vehicle policy is limited to the registered owner; non-owners cannot claim coverage.
An explicitly authorized driver qualifies as a third party under an insurance contract, rendering the insurer liable to indemnify damages for accidental death. Being authorized differentiates the dri....
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