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2026 Supreme(Online)(Ker) 10097

IN THE HIGH COURT OF KERALA AT ERNAKULAM
ZIYAD RAHMAN A.A., J
SBI GENERAL INSURANCE COMPANY LTD – Appellant
Versus
SUKANYA.K – Respondent


Advocates:
For the Appellants/Petitioners: SRI.GEORGE A.CHERIAN, SMT.LATHA SUSAN CHERIAN, SRI.GEORGE CHERIAN (SR.)
For the Respondents: NIMMY JOHNSON

JUDGMENT

This writ petition is submitted by the petitioner challenging the Exhibit-P4 Order passed by the Permanent Lok Adalat for Public Utility Services on a complaint submitted by the respondents 1 to 5 herein.

2. The dispute involved in the Original Petition, which led to Exhibit-P4, was relating to the repudiation of a claim based on the Personal Accident Coverage in the Motor Vehicle policy issued by the petitioner. The case relates to the death of the husband of the 1st respondent in a motor accident, that occurred on 24.04.2024, while he was riding the motor cycle owned by the 1st respondent herein.

3. According to the respondents, the accident occurred when the motorcycle collided with a stage carriage driven in a rash and negligent manner. The respondents approached the petitioner seeking personal accident coverage contemplated as per the policy in respect of the said motor cycle, which was declined by the petitioner, on the ground that, the said coverage is applicable only to owner cum driver and in this case, as the deceased rider of the motor cycle was not the owner of the motor cycle, the coverage cannot be extended to the petitioner.

4. Being aggrieved by the repudiati

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