IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN FRIDAY, THE 19TH DECEMBER 2008 / 28TH AGRAHAYANA 1930 MACA.No. 2558 of 2008(C) ------------------------------- OPMV.690/2001 of MOTOR ACCIDENT CLAIMS TRIBUNAL, ALAPPUZHA ................................ APPELLANT(S)/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 RESPONDENT(S)/PETITIONER & RESPONDENTS 1 & 2 : ------------------------------------------------------------------ 1. SREEVALSAN, S/O. BALAKRISHNAN, THAICHU PARAMBIL, PATTANAKADU PANCHAYATH, WARD 10, VETTACKAL P.O., CHERTHALA TALUK. 2. A.T.SHARMON, S/O.A.N.THANKAPPAN, ANAKUZHIKKATTEL HOUSE, MAYITHARA P.O., CHERTHALA TALUK. 3. SREERAJ, S/O.MANI, KAVITHALAYAM, VETTACKAL P.O., CHERTHALA TALUK. THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING COME UP FOR ADMISSION ON 19/12/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: M.N. KRISHNAN, J. = = = = = = = = = = = = = = M.A.C.A. NO. 2558 OF 2008 = = = = = = = = = = = = = = = Dated this the 19th day of December, 2008. J U D G M E N T This appeal is preferred against the award of the Motor Accidents Claims Tribunal, Alappuzha in O.P.(MV)690/01. The claimant sustained injuries in a road accident while he was travelling as a pillion rider in a two wheeler and the Tribunal has awarded a compensation of Rs.55,000/-. The Tribunal also held that the insurance company is liable in the light of the decision reported in 2007 (1) KLT 787. 2. The learned counsel for the insurance company strongly contends before me that as no additional premium is paid the claimant is not liable to coverage under the policy and therefore 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(SC) the insurance company is to be exonerated. 3. I had perused the award. It is seen that it is a comprehensive policy that too a policy of the year 2000. M.A.C.A. 2558 OF 2008 -:2:- This Court has come across the conditions of policy in so many other cases which contains a clause that any person travelling in a motor vehicle other than for hire or reward is covered by the conditions of contract of policy. When it is so the decision of this Court reported in New India Assurance Co. Ltd. v. Hydrose [2008 (3) KHC 522(DB) will come to operate. As per the said decision when there is a specific clause in the condition which will cover a pillion rider the insurance company cannot get exonerated from the liability. Here, though on a different ground, I hold that the insurance company is bound to indemnify. Hence, the appeal lacks merit and it is dismissed. M.N. KRISHNAN, JUDGE. ul/-