IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE J.B.KOSHY & THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH TUESDAY, THE 25TH NOVEMBER 2008 / 4TH AGRAHAYANA 1930 MACA.No. 1146 of 2007() ----------------------- OPMV.1020/2004 of MOTOR ACCIDENT CLAIMS TRIBUNAL, PALA .................... APPELLANT(S): 3RD RESPONDENT: ----------------------------- UNITED INDIA INSURANCE COMPANY LTD., REPRESENTED BY ITS ASSISTANT MANAGER, REGIONAL OFFICE, SHARANYA, HOSPITAL ROAD, KOCHI-11 BY ADV. SRI.P.R.RAMACHANDRA MENON RESPONDENT(S): PETITIONER & RESPONDENTS 1 & 2 RESPECTIVELY: ----------------------------------------------------------- 1. P.A.ABRAHAM, S/O.ANDREWS, PEZHUMKATTIL HOUSE, THIDANADU KARA, KONDOOR VILLAGE, KOTTAYAM DIST. 2. SHINUMON JOSEPH, S/O.JOSEPH, PUTHENPARAMBIL HOUSE, PERUNILAMKARA, POONJAR, THEKKEKARA VILLAGE. 3. CHARLEY JOSEPH, S/O.JOSEPH, VETTUKALLEL HOUSE, PERUNGULAM P.O., POONJAR, KOTTAYAM DIST. ADV. SRI.MATHEW JOHN (K) FOR R1 SRI.SUJESH MENON V.B. FOR R1 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 25/11/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: J.B.KOSHY & THOMAS P. JOSEPH, JJ. -------------------------------------- M.A.C.A.No.1146 of 2007 -------------------------------------- Dated this the 25th day of November, 2008. JUDGMENT Koshy, J. Insurance company has filed this appeal contending that being a pillion rider it has no liability to pay compensation and direction of the Tribunal in the award to deposit the amount is not correct. It is the contention of the appellant that no separate premium was paid for covering the pillion rider and relied on the decision in United India Insurance Co. v. Tilak Singh ((2006)4 SCC 404). In that case, the policy referred was an 'Act only policy'. Admittedly Ext.B1 policy produced in this case was a 'package policy'. It is well settled law that the policy conditions should govern the field except regarding the statutory liability as held by the Constitution Bench of the Hon'ble Supreme Court in New India Assurance Co. Ltd. v. Jaya (2002 (1) KLT 596). Page 3 of the policy contains stipulation regarding liability to third parties. Under Section 2 of the policy it provided as follows:- “Subject to the limits or liability the Company will indemnify the insured in the event of accident caused by or arising out of the use of motorcycle against all sums MACA No.1146/2007 2 including claimant's cost and expenses which the insured shall become legally liable to pay in respect of a. death or bodily injury to any person including person conveyed in or on the motorcycle provided such person is not carried for hire or reward, b. damage to property other than property belonging to the insured or held in trust by or in the custody or control of the insured or any member of the insured's household are being conveyed by the motorcycle PROVIDED ALWAYS that the Company shall not be liable in respect of death, injury or damage caused or arising beyond the limits of any carriage way or thoroughfare in connection with the bringing of the load to the motorcycle for loading thereon or taking away of the load from the motorcycle after unloading therefrom.” That was quoted by the Tribunal in paragraph 8 of the award. The above conditions of policy clearly show that company has undertaken to indemnify the liability of the insured of the risk of the passenger in the motor cycle provided he is not carried for hire or reward. There is no case for the appellant that the MACA No.1146/2007 3 pillion rider was carried for hire or reward. Tribunal has interpreted the conditions of policy correctly. Tribunal has also relied on the decision of the Hon'ble Supreme Court in Amrit Lal Sood and another v. Kaushalya Devi Thapar and others (1998 ACJ 531) in support of its findings. We fully agree with the views of the Tribunal in view of the clear terms and conditions of policy issued by the Insurance Insurance Company. We find no reason to interfere with the award in question at the instance of Insurance Company. Appeal is dismissed. J.B.KOSHY, JUDGE. THOMAS P.JOSEPH, JUDGE. cks