IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN THURSDAY, THE 6TH NOVEMBER 2008 / 15TH KARTHIKA 1930 MACA.No. 2106 of 2008(A) ----------------------- OPMV.1434/2002 of MOTOR ACCIDENT CLAIMS TRIBUNAL, NEYYATTINKARA .................... APPELLANT(S): /2ND RESPONDENT -------------------------------------- THE NEW INDIA ASSURANCE CO.LTD., REGIONAL TOWERS, KANDAMKULATHY TOWERS, M.G.ROAD, ERNAKULAM, REPRESENTED BY ITS DULY AUTHORIZED OFFICER. BY ADV. SRI.VPK.PANICKER RESPONDENT(S): 1STRESPONDENT & PETITIONER ---------------------------------------------------------- 1. SHANAVAS, S/O. ALIYARUKUNJU, NANDAVANAM VEEDU, MAGALACKAL, KATTAKKADA P.O., NEYYATTINKARA. 2. VIJAYAN, S/O. VAUDEVAN, BALAKRISHANA NIVAS, NEAR KATTAKKADA PANCHAYATH OFFICE, KATTAKKADA P.O.,NEYYATTINKARA. THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 06/11/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: M.N. KRISHNAN, J. = = = = = = = = = = = = = = M.A.C.A. NO. 2106 OF 2008 = = = = = = = = = = = = = = = Dated this the 6th day of November, 2008. J U D G M E N T This appeal is preferred against the award of the Motor Accidents Claims Tribunal, Neyyattinkara in O.P.(MV) 1434/02. The claimant, a pillion rider, sustained injuries in a road accident and the Tribunal has awarded a compensation of Rs.78,350/-. The contention of the insurance company is to the effect that as no additional premium is paid for the coverage of a pillion rider in the light of the dictum laid down in Tilak Singh's case [United India Insurance Co. Ltd. v. Tilak Singh (2006 (2) KLT 884(SC) it is not bound to indemnify the owner. It can be seen from the award itself that Ext.P1 policy is a comprehensive policy. Conditions are attached to a comprehensive policy of which clause II (1)(i) indicates that the insurance company has undertaken to cover the risk of a person travelling in a motor vehicle other than for hire or reward. The very same clause came up for consideration M.A.C.A. 2106 OF 2008 -:2:- before a Division Bench of this Court reported in New India Assurance Co. Ltd. v. Hydrose [2008 (3) KHC 522(DB). In the said decision this Court held that since the condition of the policy envisages and takes in such a person the insurance company cannot get exonerated from the liability. Therefore there is nothing to interfere with the decision rendered by Tribunal even though it is on a different reason. Hence the appeal lacks merit and it is dismissed. M.N. KRISHNAN, JUDGE. ul/-