IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN WEDNESDAY, THE 5TH NOVEMBER 2008 / 14TH KARTHIKA 1930 MACA.No. 1266 of 2008() --------------------------------- OPMV.535/2004 of MOTOR ACCIDENT CLAIMS TRIBUNAL, KOTTAYAM .................... APPELLANT/2nd RESPONDENT: -------------------------------------------- THE UNITED INDIA INSURANCE COMPANY LTD., REP. BY ITS DY.MANAGER, REGIONAL OFFICE, SHARANYA, HOSPITAL ROAD, ERNAKULAM BY ADV. SMT.RAJI T.BHASKAR RESPONDENTS/PETITIONER & 1st RESPONDENT RESPECTIVELY:- --------------------------------------------------------------------------------------------- 1. ANEESH(ANILKUMAR) (MINOR), THEVARUCHIRA HOUSE, DO. BHAGOM, VAKATHANAM PO., KOTTAYAM, REP. BY MOTHER AS NEXT FRIEND KUNJUPENNU 2. NINAN, PUTHUMANA HOUSE, THRIKKOTHAMANGALAM PO., PUTHUPPALLY, KOTTAYAM. THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 05/11/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: M.N.KRISHNAN, J ===================== MACA No.1266 OF 2008 ===================== Dated this the 5th day of November 2008 JUDGMENT This appeal is preferred against the award of the Motor Accidents Claims Tribunal, Kottayam in O.P.(MV)No.535 of 2004. The claimant sustained injuries in a road accident and he has been awarded a compensation of Rs.28,000/- with 7% interest and the insurance company is made liable to pay the amount. The contention of the insurance company is that the petitioner being a pillion rider is not covered by the policy as no additional premium is paid, in the light of the decision of the Apex Court in United India Insurance Co.Ltd. v. Tilak Singh(2006(2) KLT 884 SC)it is not liable to indemnify. The Tribunal has found that the policy is a comprehensive policy which contains a condition that under Section II(1)(i) the policy covers the risk 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. 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 MACA 1266/2008 -:2:- 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 fails and the same is dismissed. M.N.KRISHNAN, JUDGE Cdp/-