IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN MONDAY, THE 20TH OCTOBER 2008 / 28TH ASWINA 1930 MACA.No. 266 of 2008(F) ----------------------------------- O.P(MV).NO.522/2005 OF MOTOR ACCIDENT CLAIMS TRIBUNAL, KOTTAYAM. .................... APPELLANT(S)/ APPELLANT: ------------------------------------------ M/S.UNITED INDIA INSURANCE CO. LTD. KOTTAYAM, NOW REPRESENTED BY ITS ASSISTANT MANAGER, REGIONAL OFFICE, SHARANYA, HOSPITAL ROAD, ERNAKULAM, KOCHI-11. BY ADV. SRI.S.MAMMU. RESPONDENT(S)/ PETITIONER AND RESPONDENTS NO.1 AND 2: --------------------------------------------------------------------------------------------- 1. SANDEEP THUNDAMATHURUTHIL HOUSE, PADINJAREMURI KARA P.O., VAIKOM NADUVILE VILLAGE. 2. BINU.C.R.CHELLAMKERIL HOUSE, PADINJAREMURI KARA P.O., VAIKOM, NADUVILE VILLAGE. 3. SASIDHARAN, MANAYAKKATTUKUZHIYIL HOUSE, PADINJAREMURI KARA P.O., VAIKOM NADUVILE VILLAGE. R3 BY ADV. SRI.M.K.CHANDRA MOHANDAS, ADV. SRI.P.RAJEEV. THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 20/10/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: prv. M.N.KRISHNAN, J ===================== MACA No.266 OF 2008 ===================== Dated this the 20th day of October 2008 JUDGMENT This appeal is preferred against the award of the Motor Accidents Claims Tribunal, Kottayam in O.P.(MV)No.522 of 2005. The claimant, a pillion rider sustained injuries in a road accident and the Tribunal awarded a compensation of Rs.23,500/-. The insurance company has come up in appeal contending that it is not liable to pay compensation as the claimant is a pillion rider not covered by the policy. It is true that in United India Insurance Co.Ltd. v. Tilak Singh(2006(2) KLT 884(SC), the Apex Court has held that when the policy issued is only an Act only policy and no wider premium is collected, it will not cover the risk of a pillion rider. But, in paragraph 17 of the award, the Tribunal has noted that it is a package policy which covers the risk of a pillion rider as well. The very same question came up for interpretation before a Division Bench of this Court in New India Assurance Co.Ltd. v. Hydrose and others(2008(3) KHC 522) and it was held that such a condition covers a case of a pillion rider. In the light of the above decision, the contention of the insurance company that it is not MACA 266/2008 -:2:- liable to pay the amount to the pillion rider cannot be sustained. Therefore the appeal fails and the same is dismissed. M.N.KRISHNAN, JUDGE Cdp/-