IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN WEDNESDAY, THE 26TH NOVEMBER 2008 / 5TH AGRAHAYANA 1930 MACA.No. 2742 of 2008(F) ----------------------------- AGAINST THE ORDER DATED 09/06/2008 IN IA. 4123 /2007 IN OPMV.980/2007 of MOTOR ACCIDENT CLAIMS TRIBUNAL, PATHANAMTHITTA .................... APPELLANT(S): 2ND 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 SMT.RAJI T.BHASKAR RESPONDENT(S): PETITIONER & IST RESPONDENT RESPECTIVELY ----------------------------------------------------------------------- 1. MANEESH C.V., AGED ABOUT 20 YEARS, VIDYADHARAN, CHARIVUKALAYIL, THEKKUTHODU MURI, THANNITHODU VILLAGE. 2. SANTHOSH BABU, S/O.BABU, OLICHIRAYIL HOUSE, THEKKUTHODU P.O., THANNITHODE, PATHANAMTHITTA. THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING COME UP FOR ADMISSION ON 26/11/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: M.N. KRISHNAN, J. = = = = = = = = = = = = = = M.A.C.A. NO. 2742 OF 2008 = = = = = = = = = = = = = = = Dated this the 26th day of November, 2008. J U D G M E N T This appeal is preferred against the preliminary award passed in I.A.4123/07 in O.P.(MV)980/07. The claimant, is a pillion rider. The contention of the insurance company is that no additional premium is collected for the coverage of a pillion rider 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) it is not bound to indemnify the owner. A perusal of the award would show that, “From a perusal of the terms of the policy it can be seen that 2nd respondent is liable to pay compensation if death or bodily injury to any person including occupants carried in the vehicle(provided such occupants are not carried for hire or reward)”. The very same clause was the subject matter for consideration before a Division Bench of this Court reported in New India Assurance Co. Ltd. v. Hydrose [2008 (3) KHC 522(DB). This Court held that by M.A.C.A. NO. 2742 OF 2008 -:2:- virtue of the specific condition in the policy the insurance company is bound to pay the amount as it is in accordance with the terms of the contract. In the light of the said decision and the conditions incorporated in the policy the finding of the Tribunal cannot be found fault with. Therefore the appeal lacks merit and it is dismissed. M.N. KRISHNAN, JUDGE. ul/-