KERALA STATE CONSUMER DISPUTES REDRESSAL

COMMISSION VAZHUTHACAUD, THIRUVANANTHAPURAM.

APPEAL No. 407/2009

JUDGMENT DATED: 21-12-2010

PRESENT:

JUSTICE SHRI. K.R. UDAYABHANU              :PRESIDENT

SHRI.S. CHANDRAMOHAN NAIR                             : MEMBER

United India Insurance Company Ltd.,

Palakkad Division, R/by Dr.Mohan Shankar,

Sr. Divisional Manager,                                      : APPELLANT

United India Insurance Company Ltd.,

Divisional Office-1, LMS Compound,

Trivandrum.

(By Adv.Sri.R.Jagadish Kumar)

          Vs.

Radhakrishnan, Embanath House,

Peruvemba.P.O, Palakkad.                                : RESPONDENT

(By Adv.Sri.K.K. Menon)

JUDGMENT

JUSTICE SHRI. K.R. UDAYABHANU:PRESIDENT

The appellants are the opposite parties/insurance company in CC.80/07 in the file of CDRF, Palakkad.  The appellants are under orders to pay a sum of Rs.1.lakh the assured amount and Rs.6000/- as compensation and Rs.1000/- as cost.

2. It is the case of the complainant that the complainant’s daughter had purchased a Hero Honda Motor Cycle and obtained a package policy from the opposite party which included the personal accident cover.  The complainant’s daughter was pillion rider at the time of accident on 17/6/2006.  It was her brother who was driving the vehicle and he had valid driving license but the claim was repudiated.

3. It is the case of the opposite parties that the coverage is confined to owner-driver ie the owner cum driver and that in the instant case the owner was not driving the vehicle.

4. The evidence adduced consists of Exts.A1 to A5 and Ext.B1.

5. It was not disputed that the deceased was not having the driving license.  The opposite parties have relied on Ext.B1 policy that mentions in section 3 therein that the personal accident cover is  to owner cum driver.  It is further provided that the cover is subject to-

a)                              The owner-driver is the registered owner of the vehicle insured.

b)                             The owner-driver is the insured named in the policy and

c)                              The owner – driver holds an effective license.

Hence essentially the coverage is limited to the driver who is also the owner.  In the instant case, the owner was not the driver.  Hence as per the terms of the policy the deceased is not covered as she was not the driver.  Hence the order of the Forum is set aside.  The appeal is allowed.

Office will forward the LCR along with a copy of this order to the Forum.

JUSTICE K.R. UDAYABHANU:PRESIDENT

S. CHANDRAMOHAN NAIR          : MEMBER

VL.