IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN WEDNESDAY, THE 14TH OCTOBER 2009 / 22ND ASWINA 1931 MACA.No. 1638 of 2009() ----------------------------------- OPMV.762/2004 of ADDL. MOTOR ACCIDENT CLAIMS TRIBUNAL, KOTTAYAM .................... APPELLANT/ 3RD RESPONDENT: ---------------------------------------------- THE NATIONAL INSURANCE CO.LTD., REPRESENTED BY ITS MANAGER, REGIONAL OFFICE, OMANA BUILDING, PADMA JUNCTION, KOCHI-35. BY ADV. SMT.RAJI T.BHASKAR RESPONDENTS/PETITIONER & RESPONDENTS 1 & 2 RESPECTIVELY: --------------------------------------------------------------------------------------------------- 1. ANU PHILIP, S/O.PHILIP CHACKO ANDOOPARAMBIL HOUSE, MANARCADU P.O., KOTTAYAM. 2. VINOD P.JACOB, S/O.P.V. JACOB, PARAPPURATHU HOUSE, THALAPPADY, RUBBER BOARD P.O., KOTTAYAM. 3. SURESH T.ISSAC, S/O.ISSAC, THENNACHERIL HOUSE, MANNARCADU P.O., KOTTAYAM. R1 BY ADV. MR.MOHAN JACOB GEORGE, SMT.P.V.PARVATHI , SMT.REENA THOMAS , MR.RAMMOHAN.L. , MR.JAMES AUGUSTINE. THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 14/10/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: MACA.No. 1638 of 2009 ORDER ON I.A. NO.1914/2009 IN MACA NO.1638/2009 DISMISSED 14/10/2009. SD/- M.N.KRISHNAN, JUDGE //TRUE COPY// P.A. TO JUDGE rs. M.N. KRISHNAN, J. = = = = = = = = = = = = = = M.A.C.A. NO. 1638 OF 2009 = = = = = = = = = = = = = = = Dated this the 14th day of October, 2009. J U D G M E N T This appeal is preferred against the award of the Motor Accidents Claims Tribunal, Kottayam in O.P.(MV)762/04. The claimant, a pillion rider sustained injuries in a road accident and he was awarded a compensation of Rs.66,719/- and the Tribunal directed the insurance company to pay the amount. It is against that decision the insurance company has come up in appeal. 2. According to the learned counsel for the appellant as no additional premium is collected the policy will not cover the risk of the claimant and therefore the insurance company is liable to be exonerated from the liability. The learned Tribunal had referred to the conditions of the policy in paragraph 9 of the award and normally in these types of package policies there is an undertaking by the insurance company to cover the death or bodily injury of a person carried in a motor vehicle other than for hire or reward. The M.A.C.A. 1638 OF 2009 -:2:- said clause came up for consideration before a Division Bench of this court in New India Assurance Co. Ltd. v. Hydrose 2008 (3) KLT 778 and it was held that by the terms of the contract the insurance company has undertaken to indemnify, then payment of wider premium is not necessary and therefore the insurance company is liable. The decision of the Tribunal is strictly in accordance with the Division Bench ruling and hence the appeal does not merit consideration and therefore it is dismissed. M.N. KRISHNAN, JUDGE. ul/-