IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN MONDAY, THE 20TH OCTOBER 2008 / 28TH ASWINA 1930 MACA.No. 1549 of 2007(A) ------------------------ OPMV.901/2003 of MOTOR ACCIDENT CLAIMS TRIBUNAL, VADAKARA .................... APPELLANT/RESPONDENT NO.3: --------------------------------------------------- THE NEW INDIA ASSURANCE CO. LTD., KANNUR BRANCH, NEW MUNICIPAL BUS STAND, SADHOO BUILDING, 2ND FLOOR, KANNUR, PIN-670 001. BY ADV. SRI.KKM.SHERIF SRI.A.A.ZIYAD RAHMAN RESPONDENTS:PETITIONER/RESPONDENT NO.1 AND 2: ------------------------------------------------------------------------------------- 1. K.PRADEEP KUMAR, S/O. PURUSHOTHAMAN, PRABHA VENGERI AMSOM, NEAR GOVT. ITI, MALIKADAVU, VENGERI P.O., CALICUT, NOW RESIDING AT KOMATH HOUSE, VALAYAM AMSOM, VALAYAM P.O., VADAKARA TALUK, CALICUT. 2. SUBITH R.B., S/O. DR. P.BHASKARAN, BHAVANA, PIPELINE ROAD, KUTHIRAVATTOM, CALICUT-673 016. 3. SMITHA, D/O. DR. P.BHASKARAN, BHAVANA, PIPELINE ROAD, KUTHIRAVATTOM, CALICUT-673 016. ADV. SRI.K.RAKESH ROSHAN FOR R1 SMT.THUSHARA.V FOR R1 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 20/10/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss M.N.KRISHNAN, J ===================== MACA No.1549 OF 2007 ===================== Dated this the 20th day of October 2008 JUDGMENT This appeal is preferred against the award of the Motor Accidents Claims Tribunal, Vadakara in O.P.(MV)No.901 of 2003. The claimant, a pillion rider sustained injuries in a road accident and the Tribunal awarded him a compensation of Rs.28,181/-. It is against that decision, the insurance company has come up in appeal. 2. Heard the learned counsel for the appellant as well as the learned counsel for the insurance company. Learned counsel for the insurance company would contend that as per the policy as no wider premium is paid for coverage of a pillion rider, it is not liable to indemnify the owner and therefore it is to be exonerated from the liability. On the other hand, the Tribunal, relying on the policy conditions which is a comprehensive policy held that as per the conditions the person travelling in the motor bike is also covered by the policy unless he is carried for hire or reward. The very same clause came up for consideration before a Division Bench of this Court in New India Assurance Co.Ltd. v. Hydrose (2008(3) KHC 522(DB). This MACA 1549/2007 -:2:- Court held that when there are specific conditions in the policy which takes in the person travelling in the motor bike the insurance company is bound by the terms of the contract to indemnify the insured. So, I do not find any mistake committed by the Tribunal in arriving at a decision and therefore the appeal lacks merit and the same is dismissed. M.N.KRISHNAN, JUDGE Cdp/-