IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN FRIDAY, THE 3RD OCTOBER 2008 / 11TH ASWINA 1930 MACA.No. 2356 of 2007() ----------------------- OPMV.1352/2004 of MOTOR ACCIDENT CLAIMS TRIBUNAL, PALA .................... APPELLANT/3RD RESPONDENT --------------------------------- THE UNITED INDIA INSURANCE CO.LTD. REP. BY ITS ASST. MANAGER, REGIONAL OFFICE SHARANYA, HOSPITAL ROAD,ERNAKULAM. BY ADV. SMT.RAJI T.BHASKAR RESPONDENTS/ PETITIONER & RESPONDENTS 1 & 2 RESPECTIVELY --------------------------------------------------------------------------- 1. JOBY TOM,S/O. TOM, NADUTHOTTIYIL HOUSE, KURINJIKKARA RAMAPURAM VILLAGE, KURINJI. 2. SUNISH P.S. @ S/O. SUKUMARAN PARAMALA HOUSE, NEELOOR KARA KADANADU VILLAGE, NEELOOR P.O. 3. VINODKUMAR, PERIYATHU HOUSE PULIYOOR P.O. CHENGANOOR ALAPPUZHA DIST. ADV. SRI.MATHEW JOHN (K) FOR R1 SRI.AJEESH K.SASI FOR R1 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 03/10/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: MACA No. 2356/07 ORDER ON IA No. 3107/07 IN MACA No.2356/07 DISMISSED 3.10.08 SD/- M.N.KRISHNAN, JUDGE /TRUE COPY/ PA TO JUDGE. M.N.KRISHNAN, J. -------------------------- M.A.C.A. No. 2356 OF 2007 --------------------- Dated this the 3rd day of October, 2008 JUDGMENT This appeal is preferred against the award passed by the Motor Accident Claims Tribunal, Pala, in OP(MV) 1352/04. The Insurance Company has come up in appeal challenging the finding of the Tribunal that the conditions of policy covers the liability of a pillion rider. In para.10 of the award the terms and conditions of the policy are extracted by the learned Tribunal, which reads as follows: “Subject to the limits of liability as laid down in the Schedule hereto the Company will indemnify the insured in the event of an accident caused by or arising out of the use of the insured vehicle against all sums which the insured shall become legally liable to pay in respect 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) but except so far as it is necessary to meet the requirements of Motor Vehicles Act, the Company shall not be liable where such death or injury arises out of and in the course of the employment of such person by the insured.” -Damage to property other than property belonging to the insured or held in trust or in the custody or control of the insured.” 2. A Division Bench of this court in the decision reported in New India Assurance Co. Ltd. v. Hydrose and Others [2008 (3) MACA No. 2356/07 2 KHC 522 (DB)] interpreted the very same clause and made it clear 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.” From the above decision it is very clear that the terms and conditions of the policy covers such a person even without payment of wider premium. Therefore, there is nothing to interfere with the decision of the Tribunal. The appeal lacks merit and it is accordingly dismissed. M.N.KRISHNAN, JUDGE vps MACA No. 2356/07 3