IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN FRIDAY, THE 24TH OCTOBER 2008 / 2ND KARTHIKA 1930 MACA.No. 2092 of 2007(Y) ----------------------------------- OPMV.744/2004 of MOTOR ACCIDENT CLAIMS TRIBUNAL, TIRUR .................... APPELLANT(S): 3RD 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 RESPONDENT(S): PETITIONER & RESPONDENT 1 & 2 RESPECTIVELY ------------------------------ 1. KHALID, AGED ABOUT 23 YEARS, S/O.SAIDALAVI, PURAYANGATTU PARAMBIL HOUSE, VAIKATHOOR, VALANCHERY P.O., MALAPPURAM DIST. 2. MAJEED, MAITHUNNY, KOTTAPPURAM P.O., IRUMPILIYAM AMSAM, VALANCHERY (VIA). 3. IBRAHIM, S/O.KUTTY AVARAN, KARATTUTHODIYIL HOUSE, VALANCHERY P.O. ADV. SRI.T.K.SAIDALIKUTTY FOR R.1 SRI.LAL K.JOSEPH SMT.SHEENA SAMUEL SRI.V.R.REKESH THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 24/10/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: M.N.KRISHNAN, J ===================== MACA No.2092 OF 2007 ===================== Dated this the 24th day of October 2008 JUDGMENT This appeal arises out of an award passed by the Motor Accidents Claims Tribunal, Tirur in O.P.(MV)No.744 of 2004. The claimant was a pillion rider, who has been awarded compensation and the insurance company is directed to deposit the amount. The insurance company challenged the award on the ground that no additional premium is paid for the coverage of a pillion rider and in the light of the decision reported in United India Insurance Co.Ltd. v. Tilak Singh(2006(2) KLT 884(SC) the insurance company contends for exonerating it from the liability. The Tribunal has considered this question in paragraph 17 of the award elaborately including the decision referred to by the learned counsel for the appellant. The Tribunal found that Ext.B1(a) is the copy of the terms and conditions of the policy issued by the company in respect of the motor cycle involved in the accident, 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 Motor Cycle against all sums MACA 2092/2007 -:2:- including claimant's costs and expenses which the insured shall become legally liable to pay in respect of (1) death or bodily injury to any person including person conveyed in or the Motor Cycle provided such person is 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 this Court held that the terms and conditions of the policy cover the risk of a person carried in a motor vehicle under the conditions of policy and therefore by virtue of the terms of the contract the insurance company is bound to indemnify the owner. In the light of the said decision the award passed by the Tribunal does not suffer from any infirmity and the appeal is dismissed. M.N.KRISHNAN, JUDGE Cdp/-