IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN FRIDAY, THE 31ST OCTOBER 2008 / 9TH KARTHIKA 1930 MACA.No. 2323 of 2008(E) -------------------------------- OPMV.542/2006 of MOTOR ACCIDENT CLAIMS TRIBUNAL, PALA .................... APPELLANT/2ND RESPONDENT : -------------------------------------- NATIONAL INSURANCE COMPANY LTD. REP. BY ITS ASST. MANAGER, REGIONAL OFFICE, 3RD PARTY WING, OMANA BUILDING, PADMA JUNCTION, KOCHI-35 BY ADV. SRI.P.R.RAMACHANDRA MENON RESPONDENTS/PETITIONER AND IST RESPONDENT RESPECTIVELY : ------------------------------------------------------------------------------------ 1. A.K. GOPALAKRISHNAN, S/O. A.K. KESAVAN, AKAMALATHAZHE HOUSE, CHAMAKUNNUBHAGOM, PLASANAL KARA, THALAPPALAM VILLAGE. 2. TOM J. PLATHOTTAM, PLATHOTTATHIL HOUSE, ADIVAROM.P.O. THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING COME UP FOR ADMISSION ON 31/10/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: MACA.No. 2323 of 2008(E) ORDER ON I.A.2770 OF 2008 IN M.A.C.A.2323 OF 2008 DISMISSED 31.10.2008 SD/- M.N.KRISHNAN, JUDGE -TRUE COPY- P.A. TO JUDGE pac M.N. KRISHNAN, J ----------------------- M.A.C.A.No. 2323 OF 2008 --------------------------------- Dated this the 31st day of October, 2008 JUDGMENT This appeal is preferred against the award of the Motor Accident Claims Tribunal, Pala in O.P.(MV) No. 542/2006. The claimant, a passenger in a private Maruti Car, sustained injuries in the accident and he has been awarded a Compensation of Rs. 13,300/-. It is against that decision the Insurance Company has come up in appeal. It is contended by the Insurance Company that the policy issued does not cover the risk of a passenger in a private car and the status of the passenger in a private car is that is of a gratuitous passenger and therefore the Insurance company is liable to pay the amount in the light of the dictum laid down in United India Insurance Co. Ltd. v. Tilak Singh [2006 (4) SCC 404]. The Tribunal has considered this question in para 12 of the award. The conditions are extracted 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 M.A.C.A.No. 2323 OF 2008 -2- including occupants carried in the insured vehicle (provided such occupants are not carried for hire or reward) but except so far as 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. - Damage to property other than property belonging to the insured or held in trust or in the custody or control of the insured.” The very same clause came up for consideration before a Division Bench of this Court in the decision reported in New India Assurance Company Ltd. v. Hydrose and others [2008 (3) KHC 522]. The Division Bench held that since there is specific clause in the conditions of the policy which takes in the risk of a person carried in the motor vehicle other than for hire or reward by terms and conditions of the policy, the Insurance Company is bound to pay the amount. Therefore in the light of the said decision and as per the terms and conditions of the policy the decision taken by the Tribunal is correct. Therefore the M.A.C.A lacks merit and accordingly dismissed. M.N. KRISHNAN, JUDGE vkm