IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN TUESDAY, THE 4TH NOVEMBER 2008 / 13TH KARTHIKA 1930 MACA.No. 1299 of 2008() ----------------------- OPMV.56/2005 of MOTOR ACCIDENT CLAIMS TRIBUNAL, PALA .................... APPELLANT/3RD RESPONDENT: ----------------------------------- UNITED INDIA INSURANCE COMPANY LTD, REP.BY ITS ASST. MANAGER, REGIONAL OFFICE, SHARANYA, HOSPITAL ROAD, KOCHI-11. BY ADV. SRI.P.R.RAMACHANDRA MENON RESPONDENTS/ PETITIONER AND RESPONDENTS 1 & 2 RESPECTIVELY: ------------------------------------------------------------------------------ 1. JOMON ABRAHAM, S/O.ABRAHAM, KAROTTUMADAPPALLY HOUSE, ATHIRAMPUZHA VILLAGE, SRIKANDAMANGALAM KARA, NOW RESIDING AT AKKAL HOUSE VELLIYAPPALLY KARA, MEENACHI VILLAGE. 2. SABU MATHEW, PARTNER, SOBHA POLYMERS, ETTUMANOOR. 3. SAJAN MATHEW, S/O.MATHEW, PALLATTU HOUSE PADINJATTUBHAGOM KARA, ATHIRAMPUZHA VILLAGE. ADV. SRI.A.P.SUBHASH FOR R2 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 04/11/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: MACA No.1299/08 ORDER ON IA No. 1542/08 IN MACA No.1299/08 DISMISSED 4.11.08 SD/- M.N.KRISHNAN, JUDGE /TRUE COPY/ PA TO JUDGE. M.N.KRISHNAN, J. -------------------------- M.A.C.A No. 1299 OF 2008 --------------------- Dated this the 4th day of November, 2008 JUDGMENT This appeal is preferred against the award passed by the Motor Accident Claims Tribunal, Pala, in OP(MV) 56/05. The claimant, a pillion rider in a motor cycle, sustained injuries in a road accident and the Tribunal awarded him a compensation of Rs.54,724/- and directed the Insurance Company to pay the amount. It is against that decision, the Insurance Company has come up in appeal. 2. Learned counsel for the Insurance Company would contend that though it is a package policy, no additional premium is paid for coverage of a pillion rider and therefore in the light of the dictum laid down in United India Insurance Co. Ltd. v. Tilak Singh [2006 (4) SCC 404] the Insurance Company is not liable to pay the amount. The Tribunal has considered the argument elaborately from para.10 onwards of the award. The terms and conditions of the policy is extracted as follows: “Subject to the limits of liability as laid down in the Schedule hereto the Company will indemnify the insured in the event of an accident caused by or arising out of the use of the insured vehicle against all sums which the insured shall become legally liable to pay in respect of -death of or bodily injury to any person including occupants carried in the insured vehicle (provided such occupants are not carried for hire or reward) but except so far as it is necessary to meet the requirements of MACA No. 1299/08 2 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. -Damage to property other than property belonging to the insured or held in trust or in the custody or control of the insured.” 3. The very same clause come up for consideration before a Division Bench of this court in the decision reported in New India Assurance Company Ltd. v. Hydrose and Others [2008 (3) KHC 522 (DB)] wherein the Division Bench held that when there is a condition attached to the policy covering the risk of a person carried in a motor vehicle other than for hire or reward, by the terms of the conditions of the policy the Insurance Company is bound to pay the amount. Since there is such a clause and as it is covered by the Division Bench of this court referred to above, I cannot find fault with the Tribunal for arriving at a decision that the Insurance Company is liable to pay the amount. Therefore, the appeal lacks merit and it is dismissed. M.N.KRISHNAN, JUDGE vps MACA No. 1299/08 3