IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN THURSDAY, THE 25TH SEPTEMBER 2008 / 3RD ASWINA 1930 MACA.No. 1069 of 2007(D) --------------------------------- OPMV.940/2002 of MOTOR ACCIDENT CLAIMS TRIBUNAL, VADAKARA .................... APPELLANT/3RD RESPONDENT : --------------------------------------- THE NEW INDIA ASSURANCE COMPANY LTD., REP.BY THE ADMINISTRATIVE OFFICER, REGIONAL OFFICE, M.G.ROAD, KOCHI-11. BY ADV. SRI.P.R.RAMACHANDRA MENON RESPONDENTS/PETITIONER & RESPONDENTS 1 & 2 RESPECTIVELY : ------------------------------------------------------------------------------------- 1. SHAJU, S/O.KUMARAN, AGED ABOUT 26 YEARS, EYAMKUTTY KUNIYIL HOUSE, VALLIKKAD POST, MUTTUNGAL. 2. SAHADEVAN, S/O.CHANDRAN, SAMSHA VILLA, MADAPPALLY COLLEGE POST, VADAKARA- 673 102. 3. JITHESH K.S/O.KRISHNAN, KRISHNA KRIPA HOUSE, ONCHIYAM, MADAPPALLY COLLEGE POST, VADAKARA- 673 102. THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 25/09/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: MACA.No. 1069 of 2007(D) ORDER ON I.A.NO.1221 OF 2007 IN M.A.C.A NO.1069 OF 2007 DISMISSED 25.09.2008 SD/- M.N.KRISHNAN, JUDGE -TRUE COPY- P.A. TO JUDGE pac M.N.KRISHNAN, J. -------------------------- M.A.C.A. No. 1069 OF 2007 --------------------- Dated this the 25th day of September, 2008 JUDGMENT This appeal is preferred against the award passed by the Motor Accident Claims Tribunal, Vadakara, in OP(MV) 940/02. The claimant sustained injuries in a road accident and the Tribunal awarded him a compensation of Rs.22,135/- and directed the Insurance Company to pay the amount. 2. The Insurance Company has resisted the claim on the ground that the claimant was a pillion rider not covered by the policy and therefore the claimant is not entitled to get any compensation from the Insurance Company. The Tribunal found that the policy is not an Act only policy but a comprehensive policy. In para 8 of the award the Tribunal has observed that “the policy in respect of the vehicle involved in this case is produced and marked as Ext.B1. A perusal of Ext.B1 will reveal that it is a comprehensive policy and there is specific clause to the effect that it covers the death or bodily injury to any person including the person conveyed in the motor cycle provided such person is not carried for hire or reward. There is no MACA No. 1069/07 2 case for R3 that the petitioner was travelling in the vehicle on hire or reward.” This clause came up for interpretation before the Division Bench of this court in the decision reported in New India Assurance Co. ltd. v. Hydrose and Ors. [2008 (3) KHC 522 (DB)]. It was held therein that such conditions will cover the risk of a person travelling in the bike and therefore held that the Insurance Company is liable to indemnify. In the light of this decision and on the basis of the terms and conditions of the policy, I also hold that the Insurance Company is bound to indemnify. Therefore, the appeal lacks merit and it is accordingly dismissed. M.N.KRISHNAN, JUDGE vps MACA No. 1069/07 3