IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN FRIDAY, THE 5TH DECEMBER 2008 / 14TH AGRAHAYANA 1930 MACA.No. 1537 of 2008() ---------------------------------- OPMV.1779/2004 of MOTOR ACCIDENT CLAIMS TRIBUNAL, KOTTAYAM .................... APPELLANT/3RD RESPONDENT -------------------------------------------- THE UNITED INDIA INSURANCE COMPANY LTD., REP. BY ITS DY. MANAGER, REGIONAL OFFICE, SHARANYA, HOSPITAL ROAD, ERNAKULAM. BY ADV. SMT.RAJI T.BHASKAR RESPONDENTS/PETITIONER & RESPONDENTS 1 & 2 RESPECTIVELY -------------------------------------------------------------------------------------------------- 1. SUKUMARAN NAIR, SUBHASH BHAVAN, EDAVATTOM P.O., KULASEKHARAMANGALAM, THALAYOLAPARAMBU. 2. THOMAS, MAMPALLY HOUSE, VELLASSERY P.O., KADUTHURUTHY. 3. FR. ANTO MAMPALLY, BISHOP'S HOUSE, MANANTHAVADY P.O., WAYANAD. ADV. SRI.JOSE JOSEPH (MANNAR) FOR R2 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING COME UP FOR ADMISSION ON 05/12/2008,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Rs/ M.N.KRISHNAN, J ===================== MACA No.1537 OF 2008 ===================== Dated this the 5th day of December 2008 JUDGMENT This appeal is preferred against the award of the Motor Accidents Claims Tribunal, Kottayam in O.P.(MV)No.1779 of 2004. The claimant, a pillion rider sustained injuries in a road accident. The Tribunal awarded a compensation of Rs.22,000/- to the claimant. It is against that decision, the company has come up in appeal. 2. A perusal of paragraph 16 of the award would reveal that the policy certificate shows that it is a package policy and that Section II(1)(i) of Ext.B1(a) terms and conditions show that the same covers the risk on account of death of or bodily injury to any person including occupants carried in the vehicle if not carried for hire or reward. The said clause came up for consideration before a Division Bench of this Court in New India Assurance Co.Ltd. v. Hydrose and others(2008(3) KHC 522) and it was held that such a condition covers the case of a pillion rider. In the light of the above decision, the contention of the insurance company that it is not liable to pay the amount to the pillion rider cannot be sustained. Therefore MACA 1537/2008 -:2:- the appeal fails and the same is dismissed. M.N.KRISHNAN, JUDGE Cdp/-