IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN TUESDAY, THE 8TH SEPTEMBER 2009 / 17TH BHADRA 1931 MACA.No. 1296 of 2008(E) ------------------------------ OPMV.1499/2001 of ADDL.MOTOR ACCIDENT CLAIMS TRIBUNAL, ERNAKULAM .................... APPELLANT(S): PETITIONER IN O.P. MC 1499/01) ------------------------------------------------------ JOHNY JOSEPH, AGED 36 YEARS, S/O JOSEPH, NADUVATH VEEDU, ECHAMUKKU, KAKKANAD. BY ADV. SRI.V.K.GOPALAKRISHNA PILLAI SRI.GOPAKUMAR G. (ALUVA) RESPONDENT/RESPONDENT NO.2 IN O.P.(MV): ---------------------------------------------------- UNITED INDIA INSURANCE CO.LTD., BRANCH OFFICE, NO.4, JOSE TRUST, BUILDING, CHITTOOR ROAD, OPP. YMCA, KOCHI 682 035.. ADV. SRI.A.R.GEORGE FOR R1 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 08/09/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: M.N. KRISHNAN, J. = = = = = = = = = = = = = = M.A.C.A. NO. 1296 OF 2008 = = = = = = = = = = = = = = = Dated this the 8th day of September, 2009. J U D G M E N T This appeal is preferred by the claimant in O.P.(MV) 1499/01 whereby the Tribunal has awarded a compensation of Rs.33,166/- and made the first respondent liable to pay the compensation and exonerated the insurance company from the liability. The main argument before this court is only with respect to the exoneration of the liability of the insurance company. The Tribunal found that the claimant was only a pillion rider to a vehicle which met with an accident. The Tribunal further found that though the policy is a comprehensive policy it does not cover the risk of a pillion rider for the reason that he is not a third party or a person covered by the policy by payment of additional premium. So on the basis of these principles the Tribunal exonerated the insurance company from the liability especially in the light of the dictum laid down in Tilak Singh's case [United India Insurance Co. Ltd. v. Tilak Singh)2006 (2) KLT 884 M.A.C.A. 1296 OF 2008 -:2:- (SC). In Tilak Singh's case the court was concerned about the Act only policy and the status of a pillion rider with respect to that policy. The Court held that he cannot be a third party and at the most can be a gratuitous passenger not covered by the policy. 2. Learned counsel for the appellant very strongly contends before me that when the terms and conditions of the policy point out that such persons are covered then no additional premium is necessary and therefore it is bound to indemnify the insured. He had drawn my attention to S.11 liability to third parties wherein there is a specific interpretation in clause II(i), “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”. So this clause covers any person including the occupants carried in the vehicle provided they are not carried for hire or reward. This clause came up for consideration before a Division Bench of this Court in the decision reported in New India Assurance Co. Ltd. v. Hydrose (2008 (3) KLT 778). The Court held that policy providing for risk of gratuitous passengers in a motorbike provided the person is M.A.C.A. 1296 OF 2008 -:3:- not carried for hire or reward and so the insurer is liable to pay compensation for pillion rider. In the light of this judicial pronouncement coupled with the conditions of policy I have no hesitation to hold that the present case is also governed by the decision referred to above. Therefore the finding of the Tribunal that the insurance company is not liable to pay compensation is erroneous and it is liable to be set aside. I hold that the insurance company is liable. In the result the MACA is allowed and the order passed by the Tribunal is modified and the insurance company is made liable to pay the amount and is directed to deposit the amount within a period of sixty days from the date of receipt of a copy of the judgment. If the owner has already deposited the amount he will be entitled to get reimbursement of that amount in accordance with law from the Court itself. M.N. KRISHNAN, JUDGE. ul/-