IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN WEDNESDAY, THE 26TH NOVEMBER 2008 / 5TH AGRAHAYANA 1930 MACA.No. 305 of 2008(G) ----------------------------------- OP(MV).NO.3619/1999 OF MOTOR ACCIDENT CLAIMS TRIBUNAL, ERNAKULAM .................... APPELLANT/ PETITIONER IN OP(MV): ----------------------------------------------------- KANNAN, S/O.PONNAPPAN, KANDATHIL VEEDU, ARUVILAMCHAL DESOM, KATHIPPARA VILLAGE, RAJAKUMARI. BY ADV. SRI.MATHEWS K.PHILIP, ADV. SMT.T.MANASY. RESPONDENTS/ RESPONDENT 1 AND 3 IN OP(MV): -------------------------------------------------------------------------- 1. CHINTHU SOLOMAN, S/O.SOLOMAN, SANTHIBHAVAN, VEEDU, ARINELLOOR DESOM, THEVALAKKARA, KARUNAGAPPALLY. 2. ABOOBACKER, S/O.KHADER, THOOMAT HOUSE, ERAMANGALAM P.O., MALAPPURAM. 3. NATIONAL INSURANCE COMPANY LIMITED, MTPC OFFICE, M.G.ROAD, COCHIN. R3 BY ADV. SRI.M.A.GEORGE. THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 26/11/2008,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: prv. M.N.KRISHNAN, J ===================== MACA No.305 OF 2008 ===================== Dated this the 26th day of November 2008 JUDGMENT This appeal is preferred against the award of the Motor Accidents Claims Tribunal, Ernakulam in O.P.(MV)No.3619 of 1999. The claimant, a pillion rider sustained injuries in a road accident and he has been awarded a compensation of Rs.20,000/- and the insurance company has been exonerated from the liability on the ground that the policy does not cover the risk of a pillion rider. Learned counsel for the appellant had made available before me the documents for perusal that the policy is a comprehensive policy. When there is a comprehensive policy there is a usual condition attached to the said policy as Section II(1)(i) which takes in the risk of a person carried on a motor vehicle other than for hire or reward. The said clause came up for consideration before a Division Bench of this Court in the decision reported in New India Assurance Co.Ltd. v. Hydrose (2008(3) KHC 522(DB) and it was held in that case that on account of the specific conditions of the policy undertaking to cover the risk of a person carried on the motor vehicle other than for hire or reward by terms of the MACA 305/2008 -:2:- contract, the insurance company is bound to pay the compensation. Learned counsel for the insurance company also admits after perusal of the policy that it is a comprehensive policy. So, in the light of the said decision and the conditions, it has to be held that the insurance company is bound to indemnify. Therefore the appeal is allowed and the insurance company is directed to pay the amount as ordered by the Tribunal within 60 days from the date of receipt of a copy of this judgment. MACA is disposed of accordingly. M.N.KRISHNAN, JUDGE Cdp/-