IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN THURSDAY, THE 23RD OCTOBER 2008 / 1ST KARTHIKA 1930 MACA.No. 1458 of 2008() ----------------------- OPMV.254/2005 of MOTOR ACCIDENT CLAIMS TRIBUNAL, PALA .................... APPELLANT/2ND RESPONDENT:- ---------------------------------------- THE NEW INDIA ASSURANCE CO.LTD., REGIONAL TOWERS, KANDAMKULATHY TOWERS, M.G.ROAD, ERNAKULAM, REPRESENTED BY ITS DULY AUTHORISED OFFICER. BY ADV. SRI.VPK.PANICKER RESPONDENTS/ 1ST RESPONDENT & PETITIONER ------------------------------------------------------- 1. CECIL, S/O VARKEY, VETTATHETTU HOUSE, KUDAKKACHIRA KARA,VALLICHIRA VILLAGE, MEENACHIL TALUK, MARANGATTUPILLY P.O., 2. JESSY CHACKO, W/O CECIL VETTATHETTU HOUSE, KUDAKKACHIRA KARA, VALICHIRA VILLAGE, MEENACHIL TALUK, MARANGATTUPILLY P.O. ADV. SRI.SUNIL CYRIAC FOR R2 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING COME UP FOR ADMISSION ON 23/10/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: MACA No. 1458/08 ORDER ON IA No. 1728/08 IN MACA No.1458/08 DISMISSED 23.10.08 SD/- M.N.KRISHNAN, JUDGE /TRUE COPY/ PA TO JUDGE. M.N.KRISHNAN, J. -------------------------- M.A.C.A No. 1458 OF 2008 --------------------- Dated this the 23rd day of October, 2008 JUDGMENT This appeal is preferred against the award passed by the Motor Accident Claims Tribunal, Pala, in OP(MV) 254/05. The claimant, a pillion rider in a scooter, sustained injuries in a road accidnet and the Tribunal awarded a total compensation of Rs.36,550/- fixing the liability on the Insurance Company to pay the amount. Aggrieved by that decision, the Insurance Company has come up in appeal. 2. Learned counsel for the Insurance Company would contend that being a pillion rider and as no wider premium is paid, the policy does not cover the claimant. Therefore, in the light of the decision of the Apex court reported in United India Insurance Co. Ltd. v. Tilak Singh [2006 (4) SCC 404] the Insurance Company is not liable to indemnify the owner is the submission. 3. The Tribunal had considered this question in para.10 of the award, which reads thus: “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 MACA No. 1458/08 2 -death of or bodily injury to any person 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.” 4. The Tribunal had extracted the conditions of the policy and held that the policy covers the risk of a pillion rider and ordered the Insurance Company to pay the compensation. The very same clause came up for consideration before a Division Bench of this court in New India Assurance Company Ltd. v. Hydrose and Others [2008 (3) KHC 522 (DB)] wherein this court held that if the conditions of the policy specifically covers then, the Insurance Company cannot claim exoneration of the liability. In the light of the said decision, it has to be held that there is no error committed by the Tribunal. The appeal lacks merit and it is accordingly dismissed. M.N.KRISHNAN, JUDGE vps MACA No. 1458/08 3