IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN WEDNESDAY, THE 15TH OCTOBER 2008 / 23RD ASWINA 1930 MACA.No. 2304 of 2008() ----------------------- OPMV.1220/2003 of MOTOR ACCIDENT CLAIMS TRIBUNAL, PARAVUR .................... 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.V.P.K.PANICKER RESPONDENT:1ST RESPONDENT & PETITIONER: ------------------------------------------------------------------------- 1. MR.ELDO PAUL, S/O.PAULOSE, ST.MARY'S MEDICALS, FACT, SHOPPING CENTRE, ELOOR, UDYOGAMANDAL, KALAMASSERY, ERNAKULAM. 2. JERRIN ELDO, S/O.ELDO, JOLLY BHAVAN, UDYOGAMANDAL, ELOOR EAST, ERNAKULAM, MINOR REPRESENTED BY MOTHER MRS.NISHA ELDO, W/O.ELDO, JOLLY BHAVAN, UDYOGAMANDAL, ELOOR EAST, ERNAKULAM. THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING COME UP FOR ADMISSION ON 15/10/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss M.N.KRISHNAN, J ===================== MACA No.2304 OF 2008 ===================== Dated this the 15th day of October 2008 JUDGMENT This appeal is preferred by the insurance company against the award of the Motor Accidents Claims Tribunal, North Paravur in O.P.(MV) No.1220 of 2003. The claimant was awarded a compensation of Rs.75,000/- and the Tribunal has directed the insurance company to pay the amount. It is against that decision, the appeal has been preferred. 2. The claimant is a pillion rider and it is contended that no wider coverage is there by payment of additional premium and so in the light of the decision of the Supreme Court in United India Insurance Co.Ltd. v. Tilak Singh(2006(2) KLT 884(SC) it is not bound to indemnify. The Tribunal in paragraph 7 of the award has specifically referred to the conditions of the policy and Section II therein which includes persons carried in the vehicle other than for hire or reward. This clause came up for interpretation and consideration before a Division Bench of this Court in the decision reported in New India Insurance Co.Ltd. v. Hydrose & others (2008(3) KHC 522 wherein this Court held that by virtue of the conditions MACA 2304/2008 -:2:- of policy there is a coverage and therefore the insurance company cannot get exonerated from the liability. In the light of the said decision, I hold that the insurance company is bound to pay the amount and therefore the appeal lacks merit and it is dismissed. M.N.KRISHNAN, JUDGE Cdp/-