IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN MONDAY, THE 6TH OCTOBER 2008 / 14TH ASWINA 1930 MACA.No. 1287 of 2007(B) ----------------------- OPMV.3198/1999 of MOTOR ACCIDENT CLAIMS TRIBUNAL, ERNAKULAM .................... APPELLANT(S): APPELLANT/PETITIONER -------------------------------------------------- KRISHNAKUMAR A.G., S/O GOPINATHAN NAIR, AGED 33 YEARS, ALUKKUNNEL HOUSE, PERUVA, KOTTAYAM DISTRICT. BY ADV. SRI.P.M.JOSHI RESPONDENT(S): RESPONDENTS --------------------------------------- 1. WINI FRED JOHN, W/O BENNY JOSEPH, AGED NOT KNOWN, DUPLEX NO.6, NEW PRINT NAGAR, MEVELLOOR-686616. 2. ANILKUMAR.S., S/O K.P.SHIVARAMAN NAIR, KOMALA BHAVAN, MARANGOLY P.O., KOTTAYAM DISTRICT. 3. MANAGER, THE ORIENTAL INSURANCE COMPANY LIMITED, DIVISIONAL OFFICE, JOSE ANNEXE, JOSE JUNCTION, M.G.ROAD, ERNAKULAM. ADV. SRI.MATHEWS JACOB (SR.) FOR R3 SRI.P.JACOB MATHEW FOR R3 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 06/10/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: M.N. KRISHNAN, J. = = = = = = = = = = = = = = M.A.C.A. NO. 1287 OF 2007 = = = = = = = = = = = = = = = Dated this the 6th day of October, 2008. J U D G M E N T This appeal is preferred against the award of the Motor Accidents Claims Tribunal, Ernakulam in O.P.(MV)3198/99. The claimant has come in appeal against the award of the Tribunal dissatisfied with the quantum as well as the exoneration of liability of the insurance company. 2. Heard the counsel for the appellant as well as the insurance company. Appellant's counsel strongly contended before me that the compensation awarded is inadequate. The main grievance of the claimant was with respect to the teeth and there was also a fracture of the shoulder. It is recorded in the award that Check X-rays revealed proper union. Root canal was done for the correction of the teeth and a huge amount has been awarded as medical expenses, i.e., Rs.41,690/-. Considering the fact that he had loss of teeth and there had been fracture on the shoulder, I am inclined to grant Rs.3,000/- towards loss of one tooth and an M.A.C.A. 1287 OF 2007 -:2:- additional amount of Rs.5,000/- for discomfort and inconvenience, i.e. Rs.8,000/- in total. On all other heads the amounts awarded are sufficient and therefore they are retained. 3. The other question is regarding the liability of the insurance company. A perusal of the policy produced by the learned counsel for the insurance company before me would reveal that a condition is attached to the policy whereby 'death or bodily injury to any person including person conveyed in or on the motorcycle provided such person is not carried for hire or reward.' This clause came up for consideration before this Court in New India Assurance Co. Ltd. v. Hydrose [2008 (3) KHC 522(DB)] and the Division Bench of this Court on interpretation of that clause held that , “The above clearly states that the insurer has undertaken liability in respect of death or bodily injuries to any person including a person conveyed in or on the motor cycle provided such person is not carried for hire or reward. Here no M.A.C.A. 1287 OF 2007 -:3:- limitation of liability is mentioned in the Schedule.” 4. Therefore, in the light of the above said decision as condition of policy specifically cover the pillion rider even without additional premium, the insurance company cannot be exonerated from the liability. Therefore the said finding of the Tribunal is set aside. In the result the MACA is partly allowed and the award of the Tribunal exonerating the insurance company from the liability is set aside. The claimant is awarded an additional compensation of Rs.8,000/- with 7.5% interest on the said sum from the date of petition till realisation and the insurance company is directed to deposit the same within a period of sixty days from the date of receipt of a copy of the judgment. It is made clear that the insurance company is also liable to pay the entire amount awarded as it is liable to pay compensation under the policy conditions. M.N. KRISHNAN, JUDGE. ul/-