IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN WEDNESDAY, THE 2ND DECEMBER 2009 / 11TH AGRAHAYANA 1931 MACA.No. 1778 of 2008(A) --------------------------- OPMV.891/2005 of MOTOR ACCIDENT CLAIMS TRIBUNAL, PALA .................... APPELLANT(S): T/ 2ND RESPONDENT ---------------------------------------- UNITED INDIA INSURANCE CO.LTD,, JOSE TRUST BUILDING, CHITTOOR ROAD, KOCHI-682035, REPRESENTED BY THE MANAGER. BY ADV. SRI.S.ARUN RAJ RESPONDENT(S): PETITIONER & 1ST RESPONDENT ----------------------------------------------------------- 1. VISHNU(MINOR), AGED 16 YEARS, S/O.RADHAKRISHNAN, NANDIKESHARI HOUSE, CHENNADU KARA.P.O,POONJAR THEKKEKARA VILLAGE,REPRESENTED BY HER GUARDIAN & NEXT FRIEND MINI, MOTHER, NANDIKESHARI HOUSE, CHENNADU KARA.P.O, POONJAR THEKKAKARA VILLAGE, KOTTAYAM DISTRICT. 2. RADHAKRISHNAN, S/O.JANARDHANAN PILLAI, NANDIKESHARI HOUSE, CHENNADU KARA, POONJAR THEKKEKARA VILLAGE, CHENNADU.P.O, KOTTAYAM DISTRICT. THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 02/12/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: M.N. KRISHNAN, J. = = = = = = = = = = = = = = M.A.C.A. NO. 1778 OF 2008 = = = = = = = = = = = = = = = Dated this the 2nd day of December, 2009. J U D G M E N T This appeal is preferred by the insurance company against the award of the Motor Accidents Claims Tribunal, Pala in O.P.(MV)891/05. The claimant, a minor sustained injuries in a road accident while he was travelling in a vehicle. The Tribunal awarded him a compensation of Rs.26,850/-. It directed the insurance company to pay the amount and it is against that decision the insurance company has come up in appeal. 2. The learned counsel would contend that since no additional premium is paid there cannot be any valid coverage for the persons and so the insurance company has to be exonerated from the liability. In paragraph 12 of the award the learned Tribunal has extracted terms and conditions of the policy which reads as follows. “Subject to the limits of liability as laid down in the schedule hereto the Company M.A.C.A. 1778 OF 2008 -:2:- 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 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.” 3. This clause came up for consideration before two Division Benches of this Court in the decisions reported in New India Assurance Co. Ltd. v. Hydrose (2008 (3) KLT 778) and Mathew v. Shaji Mathew (2009 (3) KLT 813). In Mathew's case the present clause came up for consideration before a Division Bench and it was held that the benefit conferred in the Hydrose's case has to be M.A.C.A. 1778 OF 2008 -:3:- extended in this case as well and therefore it was held that as the terms and conditions of the policy covers the risk of the person and the insurance company is liable to pay. In the light of these two pronouncements nothing survives for consideration and therefore the appeal lacks merit and the same is dismissed. M.N. KRISHNAN, JUDGE. ul/-