IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN THURSDAY, THE 27TH NOVEMBER 2008 / 6TH AGRAHAYANA 1930 MACA.No. 1207 of 2008(D) --------------------------------- OPMV.1389/2002 of MOTOR ACCIDENT CLAIMS TRIBUNAL, KOZHIKODE .................... APPELLANT(S): /PETITIONER IN THE OPMV ---------------------------------------------- ARSAL, S/O.ALAVI, AGED 31 YEARS, PARAYANKADUKUNNU GURUVAYOORAPPAN COLLEGE POST, KOZHIKODE. BY ADV. SRI.K.M.JAMALUDHEEN SMT.LATHA PRABHAKARAN RESPONDENT(S): RESPONDENTS IN THE OPMV ----------------------------------------------------- 1. V.P.ABDUL SALIM, S/O.V.P.MUHAMMED, 31/02, VADAKKUMPUNATHIL VEEDU, OLAVANNA AMSOM, ERINGALLOOR DESOM. GURUVAYOORAPPAN COLLEGE POST, KOZHIKODE. 2. THE NATIONAL INSURANCE CO.LTD., PARCO TOWERS, P.B.NO.207, P.M.TAJ ROAD, KOZHIKODE. ADV. SRI.JOE KALLIATH FOR R2 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 27/11/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: M.N. KRISHNAN, J. = = = = = = = = = = = = = = M.A.C.A. NO. 1207 OF 2008 = = = = = = = = = = = = = = = Dated this the 27th day of November, 2008. J U D G M E N T This appeal is preferred against the award of the Motor Accidents Claims Tribunal, Kozhikode in O.P.(MV)1389/02. The claimant sustained injuries in a road accident and he has been awarded a total compensation of Rs.26,160/- and the insurance company has been exonerated from the liability on the ground that the policy does not cover the risk of a pillion rider. 2. Let me first consider about the liability of the insurance company. Unfortunately, the Tribunal has noted the policy as an Act only policy. The policy was made available to me for perusal by both sides and it is seen that it is a comprehensive policy and that comprehensive policy also contains a specific clause II (1)(i) which indicates that any person carried in the vehicle other than for hire or reward is also covered by the policy. So the approach of the Tribunal that it is only an Act only policy and it does not cover the risk of a person carried in the vehicle, requires interference. M.A.C.A. 1207 OF 2008 -:2:- 3. When a comprehensive policy contains a condition as mentioned above the Division Bench did consider the fact on the very same clause in the decision reported in New India Assurance Co. Ltd. v. Hydrose [2008 (3) KHC 522(DB) and held that since there is a specific condition in the policy and as the terms of contract cover the risk of such a person insurance company is bound to indemnify. The decision reported in Tilak Singh's case [United India Insurance Co. Ltd. v. Tilak Singh (2006 (2) KLT 884 (SC) refers to a case of an Act only policy where no additional premium is paid. So far as the present case is concerned it is a comprehensive policy and that the decision rendered by the Division Bench of this Court squarely applies and therefore I vacate the finding of the Tribunal and hold that the insurance company is bound by the terms of policy to indemnify the owner. 4. The next question is regarding the quantum of compensation. A perusal of the award would reveal that the claimant sustained a lacerated wound of 2 cms. and there M.A.C.A. 1207 OF 2008 -:3:- was an amputation at the level of proximal phalanx. The claimant was aged 25 years and the income was fixed at Rs.16,000/- per annum. It appears to be totally inadequate considering the fact that the accident took place in 2002. I fix the income at Rs.2,000/- per month and when the disability compensation is fixed at 3% as per the workmen's compensation schedule, the annual loss of income will come to Rs.720/- which when multiplied by 17 it would be Rs.12,240/-, on deduction of Rs.8,160/- already granted the additional compensation would be Rs.4,080/-. The young man at the age of 25 had lost a portion of his little toe and certainly it will cause him loss of amenities and enjoyment in life besides limb disfiguration. Therefore I feel this is a fit case where an amount of Rs.4,000/- at least has to be awarded towards loss of amenities and enjoyment in life. Therefore the additional compensation the claimant will be entitled to will be Rs.8,080/-. M.A.C.A. 1207 OF 2008 -:4:- In the result the MACA is partly allowed and the claimant is awarded an additional compensation of Rs.8,080/- with 7% interest. The insurance company is bound to pay the entire amount awarded including the award passed by the Tribunal as it is found liable and the insurance company is directed to deposit the same within a period of sixty days from the date of receipt of a copy of the judgment. M.N. KRISHNAN, JUDGE. ul/-