IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN FRIDAY, THE 7TH NOVEMBER 2008 / 16TH KARTHIKA 1930 MACA.No. 80 of 2008(B) ------------------------------- OPMV.1330/2004 of MOTOR ACCIDENT CLAIMS TRIBUNAL, PALA .................... APPELLANT/2ND RESPONDENT : --------------------------------------- NATIONAL INSURANCE COMPANY LTD., REP. BY ITS ADMINISTRATIVE OFFICER, KOCHI REGIONAL OFFICE, T.P.CELL, M.G.ROAD, ERNAKULAM. BY ADV. SRI.P.R.RAMACHANDRA MENON RESPONDENTS/PETITIONER & 1ST RESPONDENT RESPECTIVELY : ---------------------------------------------------------------------------------- 1. VINEESH, S/O ANTONY, CHOOLACKAL(H), RAMAPURAM BAZAR P.O., RAMAPURAM, PALA. 2. VINOD, S/O ANTONY, -DO- THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 07/11/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: MACA.No. 80 of 2008(B) ORDER ON I.A.NO.96 OF 2008 IN M.A.C.A.80 OF 2008 DISMISSED 07.11.2008 SD/- M.N.KRISHNAN, JUDGE -TRUE COPY- P.A. TO JUDGE pac M.N. KRISHNAN, J ----------------------- M.A.C.A.No. 80 OF 2008 --------------------------------- Dated this the 7th day of November, 2008 JUDGMENT This appeal is preferred against the award of the Motor Accident Claims Tribunal, Pala in O.P.(MV) No.1330/04. The claimant, a pillion rider sustained injuries in a road accident and he has been awarded a compensation of Rs. 33,150/- with 7.5% interest and directed the Insurance Company to pay the compensation. It is against that decision the Insurance Company has come up in appeal. It is contended by the Insurance Company that as no additional premium is paid to cover a pillion rider as per the dictum laid down in United India Insurance Co. Ltd. v. Tilak Singh [2006(4) SCC 404] the Insurance Company is not bound to pay the amount. This point has been discussed by the Tribunal in para 8 of the award. It is stated that the policy issued is a comprehensive policy. The policy conditions would reveal that the Insurance Company has undertaken to cover a person who is carried in a vehicle other than for hire or reward. This clause came up for consideration before the the Division Bench of this Court in M.A.C.A.No. 80 OF 2008 -2- the decision reported in New India Assurance Company Ltd. v. Hydrose and others [2008 (3) KHC 522] . The Division Bench of this Court held that by virtue of the terms and conditions of the policy the Insurance Company is bound to pay the amount. In the light of the said decision and consideration of the clause regarding conditions of the policy, I cannot find fault with the Tribunal for affixing the liability on the Insurance Company. The M.A.C.A lacks merit and accordingly dismissed. M.N. KRISHNAN, JUDGE vkm