IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN FRIDAY, THE 24TH OCTOBER 2008 / 2ND KARTHIKA 1930 MACA.No. 2171 of 2008() ----------------------------------- OPMV.1686/2002 of MOTOR ACCIDENT CLAIMS TRIBUNAL, KOTTAYAM .................... APPELLANT(S): 3RD RESPONDENT ------------------------ NATIONAL INSURANCE COMPANY LTD, REP.BY ITS MANAGER, REGIONAL OFFICE, 3RD PARTY WING, OMANA BUILDING, PADMA JUNCTION, KOCHI-35. BY ADV. SRI.P.R.RAMACHANDRA MENON RESPONDENT(S): ADDL.PETITIONERS --------------------------- 1. MARIAMMA THOMAS, W/O.LATE M.J.THOMAS, VADAKKEDATHUKUNNEL HOUSE, KARUNECHIKARA, UZHAVOOR VILLAGE, NOW RESIDING AT ERUMATHARA HOUSE AMALAGIRI.PO, AMMANCHERRY KARA, KOTTAYAM. 2. JAMES.V.T., S/O.LATE M.J.THOMAS, -DO- 3. JOSE THOMAS, -DO- 4. MARY PUNNOOSE, NEDUMATTATHIL, KIDANGOOR EAST, KOTTAYAM. 5. PHILIP.P.T, PAZHAYAMPALLIL HOUSE, MEENACHIL.P.O, PALA. 6. STEPHEN PHILIP, PAZHIPPILLIL HOUSE, PADINJATTUMKARA, THADIYOOR, PALA. THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING COME UP FOR ADMISSION ON 24/10/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: M.N.KRISHNAN, J ===================== MACA No.2171 OF 2008 ===================== Dated this the 24th day of October 2008 JUDGMENT This appeal is preferred against the award of the Motor Accidents Claims Tribunal, Kottayam in O.P.(MV)No.1686 of 2002, whereby the claimant a passenger in a private car has been awarded compensation of Rs.25,500/- with a direction to the insurance company to wipe off the liability. The insurance company has filed an appeal with the contention that the passenger in a private car in the absence of a wider premium paid is not covered by the policy and his status is that of a gratuitous passenger and therefore the insurance company is not liable to pay. The Tribunal considered this question in the light of the policy conditions and has referred to it in paragraph 18 of the award. The Tribunal has held that the policy is a comprehensive policy and as per conditions of Section II (1)(i) it covers the risk on account of the death or bodily injury to any person including the occupants carried in the motor car provided such occupants are not carried for hire or reward. There is no case that the claimant was carried for hire or reward. The very same clause came up for consideration MACA 2171/2008 -:2:- before a Division Bench of this Court in New India Assurance Co.Ltd. v. Hydrose and others(2008(3) KHC 522). After analysing the conditions this Court held that there is a contractual coverage for the person travelling in a car and therefore the insurance company cannot be exonerated from the liability. In the light of the said decision, the finding of the Tribunal cannot be found fault with. Therefore the appeal lacks merit and the same is dismissed. M.N.KRISHNAN, JUDGE Cdp/-