IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN FRIDAY, THE 5TH SEPTEMBER 2008 / 14TH BHADRA 1930 MACA.No. 1955 of 2008() ----------------------- OPMV.452/2005 of MOTOR ACCIDENT CLAIMS TRIBUNAL, PALA .................... APPELLANT/3RD RESPONDENT:- ------------------------------------------- NATIONAL INSURANCE COMPANY LTD., REP. BY ITS ASST. MANAGER, KOCHI REGIONAL OFFICE, 3RD PARTY WING, OMANA BUILDING, PADMA JUNCTION, KOCHI -35. BY ADV. SRI.P.R.RAMACHANDRA MENON SMT.RAJI T.BHASKAR RESPONDENTS: ---------------------- 1. RAMESH S, KULATHUMKAL HOUSE, LALAM VILLAGE, PALA. 2. K. BALASUBRAMANI, KOLLIKOLAVIL HOUSE, POOVARANI P.O.. BY THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING COME UP FOR ADMISSION ON 05/09/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: -2- MACA.No. 1955 of 2008 ORDER ON I.A. NO.2332 OF 2008 IN M.A.C.A. NO.1955 OF 2008 DISMISSED 5.9.2008 (Sd/- M.N.KRISHNAN, JUDGE) /TRUE COPY/ P.A. TO JUDGE M.N.KRISHNAN, J. -------------------------- M.A.C.A. No. 1955 OF 2008 --------------------- Dated this the 5th day of September, 2008 JUDGMENT This appeal is preferred against the award passed by the Motor Accident Claims Tribunal, Pala, in OP(MV) 452/05. The Insurance Company is the appellant before this court. The case is filed by the pillion rider in the motor cycle. The Insurance Company contended that in the light of the decision reported in United India Insurance Co. Ltd. v. Tilak Singh [2006 (4) SCC 404] the pillion rider is not covered and therefore the Insurance Company is entitled to get exonerated from the liability. The Tribunal did not accept that contention holding that it is a package policy. It also relied upon the conditions of issuance of insurance wherein there is a condition 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.” MACA No. 1955/08 2 Damage to property other than property belonging to the insured or held in trust or in the custody or control of the insured.” 2. This particular clause came up for interpretation before the Division Bench of this court in New India Assurance Co. Ltd. v. Hydrose and others [2008 (3) KHC 522 (DB)] and the Division Bench had taken a view that clause covers a person for whom premium is not collected. It is a settled principle applying the dictum in Amrit Lal sood and another v. Kaushalya Devi Thapar and others [1998 ACJ 531] that the Insurance Company can enter into a wider contract in the light of the contractual provisions. In the case, it has to be held that the Insurance Company is bound to indemnify. In the light of the same, the appeal lacks merit and it is accordingly dismissed. M.N.KRISHNAN, JUDGE vps MACA No. 1955/08 3