IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN THURSDAY, THE 4TH DECEMBER 2008 / 13TH AGRAHAYANA 1930 MACA.No. 331 of 2008(G) --------------------------- OPMV.368/2004 of MOTOR ACCIDENT CLAIMS TRIBUNAL, PALA .................... APPELLANT(S): 2ND RESPONDENT ------------------------------------------- NATIONAL INSURANCE COMPANY LTD., REP. BY ITS ADMINISTRATIVE OFFICER KOCHI REGIONAL OFFICE, T.P. CELL M.G.ROAD, ERNAKULAM. BY ADV. SRI.P.R.RAMACHANDRA MENON RESPONDENT(S): PETITIONER AND 1ST RESPONDENT ------------------------------------------------------------- 1. BIJO JOSEPH, VAYALIKUNNEL, EDAMALA KAIPPALLY P.O. 2. BENNY A.J., ARATHEL (H) EDAMALA, KAIPPALLY P.O. ADV. SRI.SHAJI THOMAS PORKKATTIL FOR R1 SRI.T.V.VINU FOR R1 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 04/12/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: M.N. KRISHNAN, J. = = = = = = = = = = = = = = M.A.C.A. NO. 331 OF 2008 = = = = = = = = = = = = = = = Dated this the 4th day of December, 2008. J U D G M E N T This appeal is preferred against the award of the Motor Accidents Claims Tribunal, Pala in O.P.(MV)368/04. The claimant, a pillion rider, sustained injuries in a road accident and the Tribunal has awarded a compensation of Rs.22,515/- and the insurance company is directed to pay the amount. Learned counsel for the insurance company would contend that as no additional premium is paid to cover 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. But it is a comprehensive policy. The comprehensive policy contains a clause II (1)(i) whereby the insurance company has undertaken to cover the risk of a person travelling in a motor vehicle other than for hire or reward. The same clause came up for consideration before a Division Bench of this Court reported in New India Assurance Co. Ltd. v. Hydrose M.A.C.A. 331 OF 2008 -:2:- [2008 (3) KHC 522(DB). This Court held that since there is a specific condition in the policy and as the terms of contract cover the risk of such a person insurance company is bound to indemnify. In the light of the said decision the finding of the Tribunal cannot be found fault with. Therefore the appeal lacks merit and it is dismissed. M.N. KRISHNAN, JUDGE. ul/-