IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.N.RAMACHANDRAN NAIR & THE HONOURABLE MR. JUSTICE K.SURENDRA MOHAN WEDNESDAY, THE 1ST APRIL 2009 / 11TH CHAITHRA 1931 MACA.No. 83 of 2007() (OP.(MV) NO. 1758/99 OF MACT, TRISSUR.) --------------------- APPELLANT(S): APPELLANT/2ND RESPONDENT -------------------------------------- THE NEW INDIA ASSURANCE COMPANY LTD., REP.BY THE DEPUTY MANAGER, REGIONAL OFFICE, M.G.ROAD, KOCHI-11. BY ADV. SMT.RAJI T.BHASKAR RESPONDENT(S): PETITIONER & 1 ST RESPONDENT RESEPECTIVELY --------------------------------------------------------- 1. PRADEEP, S/O.GANGADHARAN, REP.BY NEXT FRIEND, GUARDIAN AND FATHER GANGADHARAN, 48 YEARS, S/O.AYYAPPAN, KOTTOLY HOUSE, QUARTERS NO.F-10, CIVIL LANE QUARTERS, AYYANTHOLE, THRISSUR-3. 2. RENJU T.S., S/O.SURENDRA BABU, KUZHIVILA VEEDU, KURAKKANNI, VARKALA- 695 145. ADV. SRI.P.V.CHANDRA MOHAN FOR R.1 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 01/04/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: C .N. RAMACHANDRAN NAIR & K. SURENDRA MOHAN, JJ. -------------------------------------------- M.A.C.A. No. 83 OF 2007 -------------------------------------------- Dated this the 1st day of April, 2009 JUDGMENT Ramachandran Nair,J. Appeal by the insurance company and the belated cross-appeal for enhancement of compensation by the claimant arise from the same award. After hearing both sides, we are of the view that there is no scope for interference with the compensation awarded by the Tribunal which is above Rs. 10 lakhs. Insurance company's attempt to exonerate from liability cannot be entertained as the policy is a comprehensive one. The Supreme Court in the recent decision in GENERAL MANAGER, UNITED INDIA INSURANCE CO. LTD. V. M. LAXMI, & ORS., 2009 ACJ 104 has stated that a comprehensive policy covers pillion rider also. Even though claimant-respondent was a brilliant student and is now disabled permanently, the compensation awarded is quite reasonable and enhancement is not called for. We therefore dismiss the appeal as well as cross-appeal. (C.N.RAMACHANDRAN NAIR) Judge. (K. SURENDRA MOHAN) Judge. 2 kk