Back
2010 Supreme(Online)(KER) 41380
HIGH COURT OF KERALA
A.K.BASHEER, P.Q.BARKATH ALI, JJ
THE ORIENTAL INSURANCE CO.LTD. – Appellant
Versus
P.GANGADHARAN – Respondent
MACA/328/2007
SRI.GEORGE CHERIAN (THIRUVALLA)
The case emphasizes the need for careful examination of insurance coverage terms in light of passenger liability and driver negligence.
Headnote:
Insurance - Liability - Act Section List - The court reviewed the insurance policy coverage regarding gratuitous passengers and the applicability of liability in cases of negligence by the driver, concluding that further examination of evidence was necessary.
Fact of the Case:
The insurance company appealed against a common award concerning an accident involving a privately insured jeep, arguing that passengers were gratuitous and thus not covered by the policy, and raised issues of driver negligence.
Issues: The central issues revolved around the scope of the insurance policy in covering gratuitous passengers and the negligence of the driver's actions leading to the accident.
Ratio Decidendi: The court determined that the earlier ruling necessitated a remand to the Tribunal to explore aspects of coverage and negligence, implying that these elements were critical for a fair resolution.
Final Decision: The appeal was disposed of by remitting the case back to the Tribunal for further consideration.
Judgment
Basheer, J:
This appeal is at the instance of the Insurance Company which had admittedly issued an insurance policy in respect of the private jeep which was involved in the accident in question. According to the appellant, the passengers who travelled in the jeep were gratuitous passengers and the policy did not cover them. Another contention raised by the appellant was with regard to the negligence of the driver of the vehicle. The Tribunal had passed a common award in respect of seven Claim Petitions.
2. It is brought to our notice that a learned single Judge of this Court had disposed of four appeals arising from the above common award on January 28, 2009. The awards challenged in those four appeals were set aside and the cases were remitted back to the Tribunal to consider the question of coverage of the persons travelling in the jeep with specific reference to the terms and conditions of the policy. The learned Judge had also granted opportunity to the parties to adduce further evidence not only with regard to the question of coverage but as regards the question of negligence as well. A copy of the judgment has been made available for our perusal.
MACA.328/2007. 2
3. In the above facts and circumstances, we do not deem it necessary to deal with the contentions raised by the appellant in this appeal. Impugned award is set aside and case is remitted to the Tribunal. The directions issued by the learned single Judge in the judgment referred to above shall govern this case also.
The appeal is disposed of in the above terms.
A.K. Basheer Judge P.Q. Barkath Ali an.
