IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR THURSDAY, THE 11TH JUNE 2009 / 21ST JYAISHTA 1931 MACA.No. 1099 of 2009() ----------------------- O.P. (M.V) NO. 3290/1999 of M.A.C.T.,ERNAKULAM .................... APPELLANT/2ND RESPONDENT:- ------------------------------------- THE NEW INDIA ASSURANCE COMPANY LTD. REP.BY THE ADMINISTRATIVE OFFICER, REGIONAL OFFICE, M.G.ROAD, KOCHI-11. BY ADV. MS. RAJI T.BHASKAR RESPONDENTS/PETITIONER & RESPONDENT:- ---------------------------------------------------- 1. ELDHO VARGHESE, AGED 19, S/O.VARGHESE, AIKKANADU HOUSE, THIRUVANIYOOR P.O. 2. M.M.SIRJUDEEN, MANAKULAM HOUSE, HILL PALACE ROAD, TRIPUNITHURA. THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING COME UP FOR ADMISSION ON 11/06/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V. RAMKUMAR , J. ========================== M.A.C.A. No. 1099 of 2009 ========================== Dated this the 11th day of June, 2009. JUDGMENT The New India Assurance Company which is the insurer in respect of a motorbike involved in a road traffic accident which took place on 19.10.1999 at 7 p.m on the Tripunithura – Thiruvamkulam road, challenges the award dated 12.02.2007 in O.P. (M.V.) No. 3290 of 1999 on the file of the Motor Accident Claims Tribunal, Ernakulam. As per the award, a sum of Rs.32,250/- has been awarded to the claimant who was a pillion rider on the motorbike which fell on the road as a result of a negligent swerving of the two-wheeler by its rider. The injuries sustained by the claimant was traumatic disarticulation of left finger. He was a student who suffered privation of a portion of left ring finger. The Tribunal adopted 5% as permanent partial disability and fixed the aforesaid amount. It is the said award which is assailed in this appeal by the insurer. 2. The main contention raised in this appeal is that the injured was a pillion rider and therefore the appellant /insurer M.A.C.A. No. 1099/2009 : 2 : has no liability to indemnify the insured in view of the decision reported in 2006 (4) SCC 404 – United India Insurance Company vs. Thilak Singh. 3. I am not inclined to accept the above contentions. The policy involved is admittedly a comprehensive policy. The appellant did not produce the policy before the Tribunal. The policy being a comprehensive policy, it is not open to the appellant to avoid the liability to pay the compensation due to the injured/pillion rider. No other contention is raised in this appeal which is accordingly dismissed in limine. Dated this the 11th day of June, 2009. V. RAMKUMAR, JUDGE. rv M.A.C.A. No. 1099/2009 : 3 :