IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN WEDNESDAY, THE 29TH OCTOBER 2008 / 7TH KARTHIKA 1930 MACA.No. 1321 of 2008() --------------------------------- OPMV.890/2005 OF MOTOR ACCIDENT CLAIMS TRIBUNAL, PALA .................... APPELLANT/ 2ND RESPONDENT ---------------------------------------------- UNITED INDIA INSURANCE CO.LTD., JOSE TRUST BUILDING, CHITTOOR ROAD, KOCHI-682 035. REPRESENTED BY THE MANAGER. BY ADV. SRI.S.ARUN RAJ RESPONDENT/ PETITIONER & 1ST RESPONDENT ---------------------------------------------------------------------- 1. VISHNU PRIYA (MINOR), D/O.RADHAKRISHNAN, NANDIKESHARI HOUSE,CHENNADU KARA P.O, POONJAR THEKKEKARA VILLAGE, REP. BY HER GUARDIAN AND NEXT FRIEND MINI, MOTHER, NANDIKESHARI HOUSE, CHENNADU KARA P.O, POONJAR THEKKEKARA VILLAGE. 2. RADHAKRISHNAN, S/O.JANARDHANAN PILLAI, NANDIKESHARI HOUSE, CHENNADU KARA, POONJAR THEKKEKARA VILLAGE, CHENADU P.O. BY THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING COME UP FOR ADMISSION ON 29/10/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Rs/ M.N.KRISHNAN, J ===================== MACA No.1321 OF 2008 ===================== Dated this the 29th day of October 2008 JUDGMENT This appeal is preferred against the award of the Motor Accidents Claims Tribunal, Pala in O.P.(MV)No.890 of 2005. The claimant, who travelled in a private jeep sustained injuries in a road accident and she has been awarded a compensation of Rs.11,850/- with 9% interest. The insurance company would contend that since there is no additional premium paid for the passengers in a private jeep the dictum laid down in United India Insurance Co.Ltd.v.Tilak Singh(2006(2) KLT 884(SC) would squarely apply and therefore the insurance company has to be exonerated from the liability. The Tribunal considered the contention of the insurance company in paragraph 12 including the conditions of the policy. According to the Tribunal, Section II of the conditions of policy 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 MACA 1321/2008 -:2:- 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”. Therefore the Tribunal held that the terms and conditions of the policy cover the risk of a passenger carried in a private vehicle on account of the same. The very same clause came up for consideration before this Court in the decision reported in New India Assurance Co.Ltd. v. Hydrose and others(2008(3) KHC 522(DB). The Division Bench held that when the terms and conditions of the policy specifically cover the persons carried in a vehicle other than for hire or reward, the insurance company cannot get exonerated from the liability and no wider premium is necessary in such cases. So, in the light of the said decision, I cannot find fault with the Tribunal for arriving at such a decision. Therefore the appeal lacks merit and the same is dismissed. M.N.KRISHNAN, JUDGE Cdp/-