IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN THURSDAY, THE 30TH OCTOBER 2008 / 8TH KARTHIKA 1930 MACA.No. 1678 of 2007() ---------------------------------- OPMV.1857/2003 of MOTOR ACCIDENT CLAIMS TRIBUNAL, KOTTAYAM .................... APPELLANT/2ND RESPONDENT IN THE O.P.(M.V.) ------------------------------------------------------------------------ UNITED INDIA INSURANCE CO. LTD., KOTTAYAM BRANCH, REPRESENTED BY THE ASSISTANT MANAGER, OFFICE OF THE REGIONAL MANAGER, UNITED INDIA INSURANCE CO. LTD., HOSPITAL ROAD, ERNAKULAM. BY ADV. SRI.M.A.GEORGE RESPONDENT(S): PETITIONER & 1ST RESPONDENT ------------------------------------------ 1. N.T.THOMAS @ BABU, NEDIYAPARAMBIL, KOCHU KARUMTHARUVI P.O., NOW RESIDING AT KARIMPIL HOUSE, ETTUMANOOR. 2. SHABU.C., EATTICKAL HOUSE, KOCHUKARUMTHARUVI P.O., ELAPPARA, IDUKKI. ADV. SRI.SHYAM K.L. FOR R2 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 30/10/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: M.N.KRISHNAN, J ===================== MACA No.1678 OF 2007 ===================== Dated this the 30th day of October 2008 JUDGMENT This appeal is preferred against the award of the Motor Accidents Claims Tribunal, Kottayam in O.P.(MV)No.1857 of 2003. The claimant, a pillion rider sustained injuries in a road accident. The Tribunal awarded a compensation of Rs.25,000/- and made the insurance company liable for the payment. Learned counsel for the insurance company would contend that since additional premium is not paid in the light of the dictum laid down in United India Insurance Co.Ltd. v. Tilak Singh(2006(2) KLT 884(SC), it is not liable to pay the compensation. This question has been considered by the Tribunal in paragraph 15 of the award. The Tribunal has stated that the policy is a package policy which as per Section II(1)(i) covers the risk of 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. 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) and it was held that such a condition covers the case of a pillion MACA 1678/2007 -:2:- 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/-