IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN THURSDAY, THE 6TH NOVEMBER 2008 / 15TH KARTHIKA 1930 MACA.No. 2175 of 2007() ---------------------------------- OPMV.528/2003 of MOTOR ACCIDENT CLAIMS TRIBUNAL, MUVATTUPUZHA .................... APPELLANT/3RD RESPONDENT ---------------------------------------------- UNITED INDIA INSURANCE COMPANY LTD., REP. BY ITS ASST.MANAGER, REGIONAL OFFICE, SHARANYA, HOSPITAL ROAD, KOCHI - 11. BY ADV. SRI.P.R.RAMACHANDRA MENON RESPONDENTS/PETITIONER & RESPONDENTS 1 & 2 RESPECTIVELY --------------------------------------------------------------------------------------------------- 1. SANISH, S/O.CHANDI, AGED ABOUT 21 YEARS, PALAYITHARAYIL HOUSE, ONAKOOR KARA, ONAKOOR VILLAGE. 2. JOY K.SYRIAC, S/O.KURIAN, KULATHUNGAL HOUSE, PERIYAPPURAM VILLAGE, ELANJI VILLAGE, KOOTHATTUKULAM. 3. ISSAC, S/O.KURIAN, KULATHUNGAL HOUSE, PERIYAPPURAM P.O., ELANJI VILLAGE, KOOTHATTUKULAM. BY ADV. SRI.GEORGE SEBASTIAN FOR R1 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 06/11/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: M.N.KRISHNAN, J ===================== MACA No.2175 OF 2007 ===================== Dated this the 6th day of November 2008 JUDGMENT This appeal is preferred against the award of the Motor Accidents Claims Tribunal, Muvattupuzha in O.P.(MV)No.528 of 2003. The claimant, a minor aged 17 years sustained injuries in a road accident and he has been awarded a compensation of Rs.13,575/-. The insurance company would contend that being a pillion rider and as no additional premium is paid for coverage of the pillion rider in the light of the dictum laid down in United India Insurance Co.Ltd. v. Tilak Singh(2006(2) KLT 884(SC), it is not bound to indemnify. In paragraph 11 of the award, the Tribunal has stated that the policy is a comprehensive policy which as per Section II 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 cam 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 held that since there is specific terms under the conditions of the policy, the insurance company cannot get exonerated MACA 2175/2007 -:2:- from the liability. In the light of the said decision and also on the basis of the conditions of policy, one cannot find fault with the Tribunal in fixing the liability on the insurance company. Therefore the appeal lacks merit and the same is dismissed. M.N.KRISHNAN, JUDGE Cdp/-