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2026 Supreme(Online)(Ker) 10098

IN THE HIGH COURT OF KERALA AT ERNAKULAM
ZIYAD RAHMAN A.A., J
ORIENTAL INSURANCE CO. LTD. – Appellant
Versus
SREEKUMARAN NAIR – Respondent


Advocates:
For the Appellants/Petitioners: SMT.LATHA SUSAN CHERIAN
For the Respondents: SMT.NIMMY JOHNSON, GP

JUDGMENT

This writ petition is submitted by the petitioner, an Insurance Company, challenging Exhibit-P3 order passed by the Permanent Lok Adalat for Public Utility Services, Thiruvananthapuram. As per the said order, the original petition submitted by the respondents 1 to 3 herein was allowed, by extending the benefit of Personal Accident Coverage provided by the petitioner in the Motor Vehicle Policy issued.

2. The grievances highlighted by the respondents 1 to

3 were regarding the repudiation of a claim made by them, based on the Personal Accident Coverage in the Motor Vehicle Policy. The issue related to an accident occurred on 28.06.2024, wherein, the son of the respondents 1 and 2 died. The accident occurred when the motor cycle which stood registered in the name of the 1st respondent, and was being ridden by the deceased met with an accident and consequent to the injuries sustained, he died. The respondents 1 to 3 raised a claim based on the Personal Accident Coverage in the policy issued in respect of the said vehicle, but the same was rejected by the petitioner, on the ground that the said coverage for Personal Accident is exclusively for the owner cum driver and the same c

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