IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN THURSDAY, THE 15TH OCTOBER 2009 / 23RD ASWINA 1931 MACA.No. 934 of 2009() --------------------------------- OPMV.406/2001 of ADDL.MOTOR ACCIDENT CLAIMS TRIBUNAL, ERNAKULAM .................... APPELLANT/PETITIONER ------------------------------------ THOMAS.T.X., AGED 42 YEARS, SON OF XAVIER, THARAYIL HOUSE, KUMBALANGI, COCHIN-682 007. BY ADV. MR.ANIL S.RAJ SMT.K.N.RAJANI MR.RADHIKA RAJASEKHARAN P. SMT.ANILA PETER RESPONDENTS/ RESPONDENTS ---------------------------------------------- 1. T.X. GEORGE, S/O.XAVIER, THARAYIL HOUSE, KUMBALANGI.PO, COCHIN-682 007. 2. JUDE BABU @ BABU, S/O.EASY, MATTAMMAL HOUSE, SOUTH OF OUR LADY OF FATHIMA CONVENT, KUMBALANGI, COCHIN-682 007. 3. THE NATIONAL INSURANCE COMPANY LIMITED, THOPPUMPADY,COCHIN-682 005. R3 BY ADV. MR.E.M.JOSEPH. THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING COME UP FOR ADMISSION ON 15/10/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: rs. M.N.KRISHNAN, J. ........................................... M.A.C.A.NO.934 OF 2009 ............................................. Dated this the 15th day of October, 2009 J U D G M E N T This is an appeal preferred against the award of the Claims Tribunal, Ernakulam in OP(MV)No.406/2001. The claimant, a marble worker by profession, sustained injuries in a road accident and the Tribunal has awarded him a compensation of Rs.5,000/=. The Tribunal also exonerated the insurance company from the liability though it was a comprehensive policy. The Tribunal took the view that since no additional premium is collected for the coverage of a pillion rider, it is not bound to indemnify. The injury sustained are of superficial nature which is extracted in Para-5 of the award. 2. I find that the compensation of Rs.5,000/= is adequate for the superficial injury sustained by the claimant. The next question is regarding the liability. Admittedly, the policy is a comprehensive policy. In comprehensive policies there are conditions. Under Section II(1)(ii) death of or bodily injury to any person including occupants carried in the : 2 : M.A.C.A.NO.934 OF 2009 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 employment of such person by the insured. The said clause came up for interpretation before a Division Bench of this Court in the decision reported in New India Assurance Co. Ltd. v. Hydrose (2008(3) KLT 778). It was held that when the terms of the contract itself covers the risk of such person, payment of additional premium is not necessary. Therefore, by virtue of the contract, the insurance company is bound to indemnify. In the light of these judicial pronouncements, the insurance company is bound to pay the amount. 3. In the result, the MACA is disposed of modifying the award to the extent that the insurance company is liable to pay the amount as ordered by the Tribunal. M.N.KRISHNAN, JUDGE cl : 3 : M.A.C.A.NO.934 OF 2009 : 4 : M.A.C.A.NO.934 OF 2009