IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN FRIDAY, THE 5TH DECEMBER 2008 / 14TH AGRAHAYANA 1930 M.A.C.A.No. 2804 of 2008(A) ------------------------------------- OP(MV) NO.573/2006 OF MOTOR ACCIDENT CLAIMS TRIBUNAL, TIRUR .................... APPELLANT/3RD RESPONDENT: ---------------------------------------------- NATIONAL INSURANCE COMPANY LTD, REP.BY ITS MANAGER, REGIONAL OFFICE, 3RD PARTY WING, OMANA BUILDING, PADMA JUNCTION, KOCHI-35. BY ADV. SRI.P.R.RAMACHANDRA MENON RESPONDENTS/PETITIONER & RESPONDENTS 1 & 2 RESPECTIVELY:- ----------------------------------------------------------------------------------------------------- 1. PAYYOLIVEETTIL CHALODI VELAYUDHAN, S/O.AYYAPPAN, AGED ABOUT 54 YEARS, NANNAMBRA AMSOM, KODINHI DESOM, TIRURANGADI. 2. ABDUL SALEEM, S/O.MOHAMMED, MUNDACHERI VEEDU, NANNAMBRA.P.O, KODINHI, TIRURANGADI TALUK. 3. ABDUL NAZER, S/O.ALAVIHAJI, KORADAN HOUSE, OTHUKKUGAL.P.O, MALAPPURAM DISTRICT. THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING COME UP FOR ADMISSION ON 05/12/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: M.A.C.A.No. 2804/ 2008 ORDER ON I.A NO.3250 OF 2008 IN M.A.C.A NO.2804 OF 2008 DISMISSED SD/- 5/12/2008 M.N.KRISHNAN,JUDGE /TRUE COPY/ P.A. TO JUDGE scm M.N. KRISHNAN, J ----------------------- M.A.C.A.No. 2804 OF 2008 --------------------------------- Dated this the 5th day of December, 2008 JUDGMENT This appeal is preferred against the award of the Motor Accident Claims Tribunal, Tirur in O.P.(MV) No.573/2006. The claimant was a passenger in a private car. The tribunal awarded a compensation of Rs. 10,500/- and directed the Insurance Company to pay the amount. The Insurance Company contended for the position that being a passenger in a private car and as no additional premium is paid, the policy will not cover the risk of such person. According to it in the light of the decision reported in United India Insurance Co. Ltd. v. Tilak Singh [2006 (2) KLT 884] and the apex court decision reported in New India Assurance Co. Ltd. v. Asha Rani [2003 (1) KLT 165(SC)], the claimant is not entitled to be compensated by the Insurance Company. The learned tribunal had elaborately considered the matter. The tribunal had referred Ext. B1 policy conditions. Ext. B1 policy condition stipulates that any person carried in a motor vehicle other than for hire or reward is covered under the terms of the policy. This clause came up for consideration before a Division Bench of this Court in M.A.C.A.No. 2804/2008 -2- the decision reported in New India Assurance Company Ltd. v. Hydrose and others [2008 (3) KHC 522]. The Division Bench held that when the terms and conditions of the policy covers the risk of a person, then the Insurance Company is bound to indemnify. Therefore in the light of the conditions in the policy and as well as the decision of this Court, I do not find any mistake committed by the tribunal in arriving such a decision. Therefore the appeal lacks merit and accordingly dismissed. M.N. KRISHNAN,JUDGE vkm