IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN TUESDAY, THE 14TH OCTOBER 2008 / 22ND ASWINA 1930 MACA.No. 1015 of 2007() ---------------------------------- OPMV.741/2003 of MOTOR ACCIDENT CLAIMS TRIBUNAL, TIRUR .................... APPELLANT(S): APPELLANT/3RD RESPONDENT -------------------------------------- UNITED INDIA INSURANCE COMPANY LTD., REP. BY ITS DEPUTY MANAGER, REGIONAL OFFICE, SHARANYA, HOSPITAL ROAD, KOCHI-11. BY ADV. SRI.P.R.RAMACHANDRA MENON RESPONDENT(S): PETITIONER & RESPONDENTS 1 & 2 --------------------------------------------- 1. T.N.BALAKRISHNAN UNNI, AGED ABOUT 35 YEARS, S/O MADATHIL VIJAYARAGHAVAN, BIBA SADHAN, VENDALLUR, IRIMBILIYAM POST. 2. ABDUL GAFOOR, S/O ABDULLAKUTTY, THANDATHIL PARAMBIL HOUSE, KURAVANTHANI POST, PERUMANNA AMSOM, PUTHUR DESOM, MALAPPURAM DIST. 3. ZANUL ABID, S/O ABDULLAKUTTY, THANDATHIL PARAMBIL HOUSE, KURUKA POST, KALPAKANCHERY VIA. THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 14/10/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: MACA.No. 1015 of 2007() ORDER ON I.A. NO. 1165 OF 2007 IN M.A.C.A. 1015 OF 2007 DISMISSED. SD/- M.N.KRISHNAN, JUDGE 14.10.2008. / TRUE COPY / PA TO JUDGE rhs M.N. KRISHNAN, J -------------------------- M.A.C.A.No. 1015 OF 2007 -------------------------------------------- Dated this the 14th day of October, 2008 J U D G M E N T This appeal is preferred against the award of the Motor Accident Claims Tribunal, Tirur in O.P.(MV) 741/2003. The claimant, a pillion rider, sustained injuries in a road accident and he was awarded a compensation of Rs. 15,000/- with 6% interest. The Insurance Company has challenged the correctness of the award on the ground that being a pillion rider the claimant is not covered by the policy and therefore it is not liable to indemnify by the insured in the light of the decision of Apex Court in United India Insurance Co. Ltd. v. Tilak Singh [A.I.R 2006 SC 1576]. It is seen from the award itself that Insurance Company produced the policy conditions and under Clause (i) of Section II, the Insurance Company will indemnify the insured against all sums which the insured shall legally liable to pay in respect of bodily injury to any person including the occupant carried in the insured vehicle (provided such occupants are not carried for hire or reward). This very clause came up for consideration before the Division Bench of M.A.C.A. No. 1015/2007 -2- this Court in the decision of New India Assurance Company Ltd. v. Hydrose and Others [2008(3) KHC 522]. The Division Bench held the conditions of policy specifically covers the person carried in a motor vehicle and the Company is liable to pay the amount. In the light of the said decision, the contention of the Insurance Company that it is not liable to indemnify cannot be accepted. Therefore appeal lack merits and it is dismissed. M.N. KRISHNAN, JUDGE vkm