IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN WEDNESDAY, THE 17TH SEPTEMBER 2008 / 26TH BHADRA 1930 MACA.No. 1188 of 2008(C) ----------------------- OPMV.597/2005 of MOTOR ACCIDENT CLAIMS TRIBUNAL, PALA .................... APPELLANT/2ND RESPONDENT: -------------------------------------------- NATIONAL INSURANCE COMPANY LTD, REP.BY ITS MANAGER,KOCHI REGIONAL OFFICE, T.P CELL,M.G ROAD,ERNAKULAM. BY ADV. SRI.P.R.RAMACHANDRA MENON RESPONDENTS: ----------------------- 1. NARAYANAN NAIR,S/O.GOPALAN NAIR, EDACHERIL HOUSE,THEKKEKARA KARA, POONJAR,THEKKEKARA VILLAGE,KOTTAYAM DISTRICT. 2. SANTHOSH KUMAR,S/O.BALAKRISHNAN, KOLLIYIL HOUSE,POONJAR SOUTH P.O. THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 17/09/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: M.A.C.A.No. 1188/2008 ORDER ON I.A. NO. 1396/2008 IN M.A.C.A.NO. 1188/2008 DISMISSED SD/- M.N. KRISHNAN, JUDGE 17/09/2008 /TRUE COPY/ P.A. TO JUDGE. vkm M.N. KRISHNAN, J. ------------------------------ M.A.C.A. No.1188 of 2008 ------------------------------ Dated this the 17th day of September, 2008 JUDGMENT This appeal is preferred against the award of the Motor Accidents Claims Tribunal, Pala in O.P.(MV) No. 597/2005. The Claimant, pillion rider sustained injuries in a road accident and he has been awarded a compensation of Rs.15,550/-. The Insurance Company has come up in appeal challenging the findings of the Tribunal that policy condition takes in the coverage of pillion rider also. In Para 10 of the award, the Tribunal has extracted the conditions as follows: “subject to the limits of liability as laid down in the schedule hereto the company will indemnify the insured in the event of an accident caused by or arising out of the use of the insured vehicle against all sums which the insured shall become legally liable to pay in respect of death of or bodily injury to any person including occupants carried in the insured vehicle (provided such occupants are not carried for hire or reward) but except so far as it is necessary to meet the requirements of Motor Vehicles Act, the company shall not be liable where such death or injury arises out of and in the course of the M.A.C.A. No.1188/ 2008 2 employment of such person by the insured.” In the light of the said extraction, it can be seen that, there is a condition covering the liability of a person traveling in the vehicle. The very same was came up for interpretation before the Division Bench of this court in the decision of New India Assurance Company Ltd. Vs. Hydrose and Others reported in [2008(3) KHC 522] and this court held that such terms and conditions covers the case of a pillion rider. In the light of the said pronouncement, it has to be held that the Insurance Company is liable to pay the amount. Therefore, this appeal lack merits and it is dismissed. M.N. KRISHNAN, JUDGE scm