IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN FRIDAY, THE 31ST OCTOBER 2008 / 9TH KARTHIKA 1930 MACA.No. 2324 of 2008(E) --------------------------------- OPMV.822/2005 of MOTOR ACCIDENT CLAIMS TRIBUNAL, TIRUR .................... APPELLANT/3RD RESPONDENT : -------------------------------------- UNITED INDIA INSURANCE COMPANY LTD., REP. BY ITS ASST. MANAGER, REGIONAL OFFICER, SHARANYA, HOSPITAL ROAD, KOCHI-11. BY ADV. SRI.P.R.RAMACHANDRA MENON RESPONDENTS/PETITIONER AND RESPONDENTS 1 AND 2 : ------------------------------------------------------------------------- 1. SUBHASH, S/O. KESAVAN, AGED ABOUT 28 YEARS, MARATH HOUSE,P.O. CHANGARAMKULAM, MALAPPURAM DISTRICT. 2. RADHAKRISHNAN, S/O. NARAYANAN, KANGARAPARAMBIL HOUSE, PALLIKKARA, SHIVAJI NAGAR, P.O. NANNAMUKKU, MALAPPURAM DISTRICT. 3. DILEEP.V, S/O. CHANDRASHEKARAN, KOTTAHIL HOUSE, CHIYYANNOOR, P.O. KOKKOOR, MALAPPURAM DISTRICT. THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING COME UP FOR ADMISSION ON 31/10/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: MACA.No. 2324 of 2008(E) ORDER ON I.A.NO.2772 OF 2008 IN M.A.C.A. NO.2324 OF 2008 DISMISSED 31.10.2008 SD/- M.N.KRISHNAN, JUDGE -TRUE COPY- P.A. TO JUDGE pac M.N. KRISHNAN, J ----------------------- M.A.C.A.No. 2324 OF 2008 --------------------------------- Dated this the 31st day of October, 2008 JUDGMENT This appeal is preferred against the award of the Motor Accident Claims Tribunal, Tirur in O.P.(MV) No. 822/2005. The claimant, a pillion rider in a motorcycle, sustained injuries in a road accident and he has been awarded a Compensation of Rs. 15,000/- and the Insurance Company has been directed to pay the amount. The Insurance Company has preferred this appeal contending that since no additional premium is paid for the coverage of a pillion rider, the Insurance Company is not bound to indemnify. The Tribunal has considered this question in para 16-18 of the award. It is stated therein that “ But, as per Ext. B1(a) terms and conditions of the policy, the Insurance Company had agreed to indemnify the insured against the liability to pay compensation for the injury caused to an occupant of the vehicle. As per Section II(I)(i) of the terms and conditions of the policy, the occupants of the motorcycle are covered by the policy”. This clause came up for consideration before a Division Bench of this Court in the decision reported in M.A.C.A.No. 2324 OF 2008 -2- New India Assurance Company Ltd. v. Hydrose and others [2008 (3) KHC 522]. The Division Bench held that since there is specific clause in the conditions of the policy which takes in the risk of a person carried in a vehicle other than for hire or reward by terms and conditions of the policy, the Insurance Company is bound to pay the amount. Therefore in the light of the said decision and as per the terms and conditions of the policy the decision taken by the Tribunal is right. Therefore the M.A.C.A lacks merit and accordingly dismissed. M.N. KRISHNAN, JUDGE vkm