IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN WEDNESDAY, THE 29TH OCTOBER 2008 / 7TH KARTHIKA 1930 M.A.C.A.No. 1307 of 2008(C) -------------------------------------- OP(MV) No.1308/2003 OF MOTOR ACCIDENT CLAIMS TRIBUNAL, NEYYATTINKARA ................................. APPELLANT/2ND RESPONDENT: ----------------------------------------------- THE NEW INDIA ASSURANCE COMPANY LTD., REGIONAL TOWERS, KANDAMKULATHY TOWERS, M.G.ROAD, ERNAKULAM, REP. BY ITS MANAGER. BY ADV. SRI.V.P.K.PANICKER RESPONDENT/1ST RESPONDENT & PETITIONR : ------------------------------------------------------------------------ 1. MANMADHAN NAIR, S/O.KRISHNAN NAIR, SARASWATHY MANDIRAM, PERUMKADAVILA PO., THIRUVANANTHAPURAM. 2. SREEDHARAN NAIR, S/O.GOVINDA PILLAI, MEKKEKARA PUTHEN VEEDU, PULIMANKODE, PERUMKADAVILA PO., THIRUVANANTHAPURAM. THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 29/10/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: M.A.C.A.No. 1307/ 2008 ORDER ON I.A NO.1559 OF 2008 IN M.A.C.A NO.1307 OF 2008 DISMISSED SD/- 29/10/2008 M.N.KRISHNAN, JUDGE /TRUE COPY/ P.A. TO JUDGE scm M.N. KRISHNAN, J ----------------------- M.A.C.A.No. 1307 OF 2008 --------------------------------- Dated this the 29th day of October, 2008 JUDGMENT This appeal is preferred against the award of the Motor Accident Claims Tribunal, Neyyattinkara in O.P.(MV) No.1308/2003. The claimant has been awarded a compensation of Rs. 39,610/- and the Insurance Company is made liable to pay the amount. The claimant in the case was a pillion rider in a motorbike. It is the contention of the Insurance Company that there is no wider premium is paid to cover pillion rider and therefore in the light of decision in United India Insurance Co. Ltd. Vs. Tilak Singh [2006 (2) KLT 884] held that the status of a pillion rider that is of a gratuitous passenger and therefore it is not liable to indemnify the owner. The said contention have been negatived by the Tribunal on the ground that the policy issued is a package policy which contains condition that any person carried in a motor vehicle carried other than for hire or reward is covered by the same. The very same clause came up for consideration before the Division Bench of this Court in the decision reported in New India Assurance Company Ltd. v. Hydrose and others [2008 (3) M.A.C.A.No. 1307 OF 2008 -2- KHC 522] . In the said decision this Court held that when the terms and conditions of the policy covers the risk of such a person the Insurance Company cannot get exonerated from the liability. In the light of the said decision and as per the terms and conditions of the clause one cannot fault with the Tribunal for arriving at such a decision regarding the liability of the Insurance Company. Therefore the M.A.C.A. lacks merit and dismissed. M.N. KRISHNAN, JUDGE vkm