IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN FRIDAY, THE 5TH DECEMBER 2008 / 14TH AGRAHAYANA 1930 MACA.No. 1881 of 2008() ------------------------------------ OPMV.1437/2004 of MOTOR ACCIDENT CLAIMS TRIBUNAL, PALA .................... APPELLANT(S): 3RD RESPONDENT ------------------------ THE ORIENTAL INSURANCE COMPANY LIMITED, KANJIRAPPALLY NOW REPRESENTED BY ITS ASSISTANT MANAGER, REGIONAL OFFICE, METRO PALACE, KOCHI-18. BY ADV. SRI.P.JACOB MATHEW RESPONDENT(S): PETITIONER AND RESPONDENTS 1 & 2 ----------------------------- 1. SASIDHARAN NAIR, S/O.PADMANABHAN NAIR, CHAMAKKALA HOUSE, LAKKATTOOR KARA, KOOROPPADA VILLAGE, VIA PALA. 2. AJITH.S., S/O.SUKUMARAN NAIR, UMA VILASAM, ARUVIKUZHI P.O., ANIKKADU, KOTTAYAM DISTRICT. 3. SUKUMARAN NAIR, DO. DO. ADV. SRI.S.PRASANTH FOR R1 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 05/12/2008, THE COURT ON THE SAME DAY DELIERED THE FOLLOWING: M.N.KRISHNAN, J ===================== MACA No.1881 OF 2008 ===================== Dated this the 5th day of December 2008 JUDGMENT This appeal is preferred against the award of the Motor Accidents Claims Tribunal, Pala in O.P.(MV)No.1437/2004. The claimant was a pillion rider, who sustained injuries in a road accident and the Tribunal awarded him a compensation of Rs.68,440/-. The insurance company has contended that being a pillion rider and as there is no additional premium is paid, he is not liable to be covered under the policy. The Tribunal considered the question and found that Ext.B1 is a comprehensive policy which covers the risk of death of or bodily injury to to any person including occupants carried in the insured vehicle provided such occupants are not carried for hire or reward. The very same clause came up for consideration 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 the case of a pillion rider. In the light of the above decision, the contention of the insurance company that it is not liable to pay the amount to the pillion rider cannot be sustained. Therefore the appeal lacks merit and MACA 1881/2008 -:2:- the same is dismissed. M.N.KRISHNAN, JUDGE Cdp/-