IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN MONDAY, THE 25TH AUGUST 2008 / 3RD BHADRA 1930 M.A.C.A.No. 1257 of 2008(E) ----------------------- OP(MV)NO.2020/2001 OF MOTOR ACCIDENTS CLAIMS TRIBUNAL, THALASSERY .................... APPELLANT/ 3RD RESPONDENT:- -------------------------- THE ORIENTAL INSURANCE COMPANY LIMITED, KANNUR, NOW REPRESENTED BY ITS ASSISTANT MANAGER, REGIONAL OFFICE, METRO PALACE, KOCHI -18. BY ADV. SRI.MATHEWS JACOB (SR.) SRI.P.JACOB MATHEW RESPONDENTS/PETITIONER & RESPONDENTS 1&2: ----------------------------------------- 1. NOORUDDIN M.T.P., S/O ABOOBACKER HAJI, MANAKKATTU THEKKE PURAYIL,ETTUKUDUKKA, KANKOLE P.O, THALIPARAMBA TALUK. 2. SREEVALSAN A.K., S/O A.K. BHAVANI, ANNUR P.O., VIA PAYYANNUR. 3. ABDUL SALAM M.T.P., M.T.P. HOUSE, KANKOLE P.O., VIA PAYYANNUR, THALIPARAMBA TALUK. BY ADV. SRI.T.K.VIPINDAS - R1 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 25/08/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: M.A.C.A.No. 1257/2008 ORDER ON I.A. NO.1490 OF 2008 IN M.A.C.A.No. 1257 OF 2008 DISMISSED SD/- 25/08/2008 M.N. KRISHNAN,JUDGE /TRUE COPY/ P.A. TO JUDGE scm M.N.KRISHNAN, J. -------------------------- M.A.C.A. No. 1257 OF 2008 --------------------- Dated this the 25th day of August, 2008 JUDGMENT This appeal is preferred against the award passed by the Motor Accident Claims Tribunal, Thalassery, in OP(MV) 2020/01. The Insurance Company has preferred this appeal against the finding of the Tribunal that the pillion rider is also covered by the policy. 2. Heard the counsel for the claimant as well as the Insurance Company. Learned counsel would very strongly contend before me that a comprehensive policy in all cases does not cover the risk of a pillion rider. It may be true. The coverage in a policy depends upon the collection of premium as well as the conditions embodied for the purpose of issuance of a policy. The court below has extracted the conditions of policy. “Subject to the limits or liability the company will indemnify the insured in the event of accident caused by or arising out of the use of motor cycle against all sums including claimant's cost 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 on the motor cycle provided such person is not carried for hire or reward.” MACA No. 1257/08 2 3. Even if it is taken for granted that no additional premium is collected, the question that may be prop up for consideration is regarding the liability of the Insurance Company in the light of the conditions which resulted in the issuance of the policy. This matter has been precisely considered by the Division Bench of this court reported in New India Assurance Company Ltd. v. Hydrose and Others [2008 (3) KHC 522 (DB)] Recently the Gujarat High Court had also the opportunity to consider that point elaborately in the decision reported in I.C.I.C.I Lombard General Insurance Co. Ltd. v. Ashaben Gautambhai Vala and Others [2008 (3) T.A.C. 36 (Guj.)] It has been held by the Division Bench of this court as well as the Single Judge of that court in the decision referred to above that the conditions of policy would squarely cover the issue and therefore the Insurance Company is liable to indemnify. In this case the policy conditions squarely covers the pillion rider. In the light of these decisions, the appeal lacks merit and it is accordingly dismissed. M.N.KRISHNAN, JUDGE vps MACA No. 1257/08 3