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. 1780 of 2008(A) --------------------------------- OPMV.2119/2003 of MOTOR ACCIDENT CLAIMS TRIBUNAL, THRISSUR .................... APPELLANT/SECOND RESPONDENT IN THE OP. (MV) : ------------------------------------------------------------------ THE UNITED INDIA INSURANCE CO.LTD., KUNNAMKULAM BRANCH, REPRESENTED BY THE DEPUTYMANAGER, UNITED INDIA INSURANCE CO.LTD., REGIONAL OFFICE, HOSPITAL ROAD, ERNAKULAM. BY ADV. SRI.M.A.GEORGE RESPONDENTS/PETITIONER & RESPONDENT 1 IN THE O.P.(MV) : --------------------------------------------------------------------------------- 1. SOMASUNDARAN,S/O AYYAPPAN, ANCHERY HOUSE, ARANATTUKARA VILLAGE, ARANATTUKARA DESOM, THRISSUR TALUK. 2. PRATHEESHKUMAR, T.S., S/O SUBRAMANIAN, THEKKETHIL HOUSE, PAZHANJI DESOM, THALAPPILLY TALUK, THRISSUR DISTRICT. ADV. SRI.K.I.SAGEER - R2 SRI.TONY CHACKO - R2 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 06/11/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: MACA.No. 1780 of 2008(A) ORDER ON I.A.NO.2152 OF 2008 IN M.A.C.A.1780 OF 2008 DISMISSED 06.11.2008 SD/- M.N.KRISHNAN, JUDGE -TRUE COPY- P.A. TO JUDGE pac M.N. KRISHNAN, J ----------------------- M.A.C.A.No. 1780 OF 2008 --------------------------------- Dated this the 6th day of November, 2008 JUDGMENT This appeal is preferred against the award of the Motor Accident Claims Tribunal, Thrissur in O.P.(MV) No.2119/03. The claimant, a pillion rider, sustained injuries in a road accident and he has awarded compensation of Rs. 70,620/-. The contention of the Insurance Company is that no additional premium is paid and therefore it is not liable to pay compensation. The policy issued is not an Act only policy but a package policy. There are conditions attached to the package policy especially under Section II(1)(i) which states that the Insurance Company is bound to indemnify the risk of a person who is carried in a motor vehicle other than for hire or reward. This clause came up for consideration before the Division Bench of this Court in the decision reported in New India Assurance Company Ltd. v. Hydrose and others [2008 (3) KHC 522]. In the said decision the Division Bench held that by virtue of terms and conditions of the policy, the Insurance Company is bound to indemnify. Therefore in the light of the said decision the Insurance Company cannot get exonerated from the liability. Therefore the M.A.C.A lacks merit and dismissed. M.N. KRISHNAN, JUDGE vkm