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. 596 of 2008 ------------------------------- OP(MV).NO.84/2004 OF MOTOR ACCIDENT CLAIMS TRIBUNAL, TIRUR. .................... APPELLANT/ 3RD RESPONDENT: ------------------------------------------------ NATIONAL INSURANCE COMPANY LTD., REP. BY ITS ADMINISTRATIVE OFFICER, KOCHI REGIONAL OFFICE, T.P.CELL, M.G.ROAD ERNAKULAM. BY ADV. SRI.P.R.RAMACHANDRA MENON. RESPONDENTS/ PETITIONER AND RESPONDENTS 1 & 2 RESPECTIVELY: --------------------------------------------------------------------------------------------------------- 1. JAMSHEER BABU, S/O.ABDULLAKUTTY, AGED ABOUT 24 YEARS, MULANTHALA HOUSE ALATHIYUR AMSOM, DESOM, P.O.ALATHIYOOR TIRUR TALUK, MALAPPURAM DIST. 2. SHANSUDHEEN, S/O.KUNHIMOHAMMED, MULANTHALA HOUSE, ALATHIYUR AMSOM, DESOM, P.O.ALATHIYOOR, TIRUR TALUK, MALAPPURAM DIST. 3. ABDUL BASHEER, S/O.MOHAMMED ALI, THEKKEVALAPPIL HOUSE, VETTOM PALLIPRAM AMSOM, DESOM, P.O.CHAMRAVATTOM. R1 BY ADV. SRI.JACOB SEBASTIAN. THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 31/10/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: prv. M.N.KRISHNAN, J ===================== MACA No.596 OF 2008 ===================== Dated this the 31st day of October 2008 JUDGMENT This appeal is preferred against the award of the Motor Accidents Claims Tribunal, Tirur in O.P.(MV)No.84 of 2004. The claimant, a pillion rider sustained injuries in a road accident and he has been awarded a compensation of Rs.65,000/-. It is against that decision, the insurance company has come up in appeal contending that as no additional premium is paid, it is not bound to indemnify the owner in the light of the decision in United India Insurance Co.Ltd. v. Tilak Singh(2006(2) KLT 884(SC). The Tribunal has considered the point from paragraphs 16 to 18 of the award. The Tribunal found that it is not an Act only policy and that is a comprehensive policy. It contains a specific clause under Section II(1) which reads 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 :(i)death of or bodily injury to any person including person conveyed in or on the motor cycle provided such person is not carried for hire or reward”. MACA 596/2008 -:2:- 2. As per the said condition any person including person conveyed in or on the motor cycle provided such person is not carried for hire or reward is covered under the conditions of policy. The very same clause came up for consideration before a Division Bench of this Court in New India Assurance Co.Ltd. v. Hydrose and others(2008(3) KHC 522). The Division Bench held that such a condition covers the case of a pillion rider. In the light of the above decision, the contention of the insurance company that it is not liable to pay the amount to the pillion rider cannot be sustained. Therefore the appeal fails and the same is dismissed. M.N.KRISHNAN, JUDGE Cdp/-