IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN WEDNESDAY, THE 17TH SEPTEMBER 2008 / 26TH BHADRA 1930 MACA.No. 2026 of 2008(F) ----------------------- OPMV.110/2002 of MOTOR ACCIDENT CLAIMS TRIBUNAL, NEYYATTINKARA .................... APPELLANT/2ND RESPONDENT ----------------------------------------- THE NEW INDIA ASSURANCE CO.LTD, REGIONAL TOWERS, KANDAMKULATHY TOWERS, M.G.ROAD, ERNAKULAM, REPRESENTED BY ITS DULY AUTHORISED OFFICER. BY ADV. SRI.VPK.PANICKER RESPONDENTS: ADDL.3RD RESPONDENT & PETITIONER --------------------------------------------- 1. SREELATHA,M W/O.(LATE) V.K.RAJENDRAN, NEAR POST OFFICE, PARASUVAIKKAL.P.O, PARASSALA, THIRUVANANTHAPURAM. 2. S.SATHEESH KUMAR, S/O.SUKUMARAN, VALANKULATHU VEEDU, POZHIYOOR.P.O, NEYYATTINKARA, THIRUVANANTHAPURAM. BY THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING COME UP FOR ADMISSION ON 17/09/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: M.N. KRISHNAN, J. = = = = = = = = = = = = = = M.A.C.A. NO. 2026 OF 2008 = = = = = = = = = = = = = = = Dated this the 17th day of September, 2008. J U D G M E N T This appeal is preferred against the award of the Motor Accidents Claims Tribunal, Neyyattinkara in O.P.(MV)110/02. The claimant had sustained injuries in a road accident as a pillion rider in a vehicle and the Tribunal has awarded a compensation of Rs.17,000/-. The insurance company took up the contention that being a pillion rider and the policy issued is without collecting additional premium, does not cover the pillion rider and so it has to be exonerated from the liability. In paragraph 13 of the award the Tribunal held that it is a comprehensive policy and relying on the decision of this Court reported in Mathew Joseph v. Janaki (2007 (1) KLT 747(FB) took the stand that the insurance company is liable to pay the amount. The said approach of the Tribunal cannot be appreciated. Comprehensive policy by itself does not mean that it covers the risk of a pillion rider. But being a M.A.C.A. 2026 OF 2008 -:2:- B policy the conditions attached to the B policy especially clause II 1(i) deals with a situation where the insurance company as per the terms and conditions of the policy undertakes to cover the risk of a person who is carried in motorcycle other than for hire or reward. This position was considered by a Division Bench of this Court reported in New India Assurance Co. Ltd. v. Hydrose [2008 (3) KHC 522(DB)]. This Court held that in such cases the insurance company cannot escape from the liability. In the light of the said decision the contention of the insurance company cannot be entertained. Therefore the appeal is dismissed. M.N. KRISHNAN, JUDGE. ul/-