IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN THURSDAY, THE 1ST JANUARY 2009 / 11TH POUSHA 1930 MACA.No. 3060 of 2008() ------------------------------- OPMV.1193/2002 of MOTOR ACCIDENT CLAIMS TRIBUNAL, TRIVANDRUM .................... APPELLANT(S): 2ND RESPONDENT ---------------------------- THE NATIONAL INSURANCE CO.LTD., THIRUVANANTHAPURAM, REPRESENTED BY ITS MANAGER REGIONAL OFFICE, 2ND FLOOR, OMANA BUILDING, M.G.ROAD, KOCHI - 35. BY ADV. SRI.GEORGE CHERIAN (THIRUVALLA) RESPONDENT(S): CLAIMANT ------------------------------------ 1. RAJESH, S/O.NAGAPPAN, RESIDING AT TC 42/ 417, THAVALODE VEEDU, TRA-HOUSE, NO.20 VALLAKKADAVU P.O. THIRUVANANTHAPURAM - 8. 2. KALANIDHI MARAN, MANAGING DIRECTOR, SUN TV, 268/269, ANNA SALAI, CHENNAI - 600018. THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING COME UP FOR ADMISSION ON 01/01/2009 ALONG WITH MACA 3064/08 , THE COURT ON THE SAME DAY PASSED THE FOLLOWING: M.N. KRISHNAN, J. = = = = = = = = = = = = = = M.A.C.A. NOs. 3060 & 3064 OF 2008 = = = = = = = = = = = = = = = Dated this the 1st day of January, 2009 J U D G M E N T These appeals are preferred against the award of the Motor Accidents Claims Tribunal, Thiruvananthapuram in O.P. (MV)1193/02 and O.P.(MV)1194/02. The National Insurance Company has come up in appeal against the decision rendered by the Tribunal on the ground that the policy does not cover the risk of passengers in a private car and therefore the Tribunal had erred in allowing the claimants' request to be indemnified by the insurance company. The Tribunal has considered this point and held that a perusal of Ext.B1 would show that comprehensive policy was taken by the first respondent and premiums were paid under various heads as detailed in Ext.B1. It is also stated therein that this is an addition to the liability to public risk and other purposes namely coverage in terms of commercial employees etc. I had an opportunity to consider this question in the decision reported in 2008 (4) KLT 628 (Babu Mathew v. Biju M.A.C.A. Nos. 3060 & 3064 OF 2008 -:2:- Mathew). In that case it has been held that in a comprehensive policy passengers in a private car are covered without paying any additional premium. There is no provision in the tariff for payment of extra premium for passenger in a private car. It also shows that the passengers in a private car are covered without paying any additional premium. Being a comprehensive policy it contains a specific clause to cover a person travelling in a motor bike. Then it is the contractual liability that has to be looked into. After referring to the decision of a Division Bench the Madhya Pradesh High Court reported in 2008(2) TAC 888 (National Insurance Company Ltd. v. Brijlata & others) it has been held that the insurance company is liable to pay the amount. In view of these principles and the decisions referred to I hold that there is no fault in the finding of the Tribunal fixing the liability on the insurance company. Therefore the appeals lack merit and it is dismissed. M.N. KRISHNAN, JUDGE. ul/-