IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN FRIDAY, THE 5TH DECEMBER 2008 / 14TH AGRAHAYANA 1930 MACA.No. 1885 of 2008() ---------------------------------- OPMV.1420/2004 of MOTOR ACCIDENT CLAIMS TRIBUNAL, KOTTAYAM .................... APPELLANT/2ND RESPONDENT ---------------------------------------------- THE ORIENTAL INSURANCE COMPANY LIMITED, KOTTAYAM, NOW REPRESENTED BY ITS ASSISTANT MANAGER, REGIONAL OFFICE, METRO PALACE, KOCHI-18. BY ADV. SRI.P.JACOB MATHEW RESPONDENTS/PETITIONER AND IST RESPONDENT --------------------------------------------------------------------------- 1. AJITH VARGHESE, S/O. VARGHESE, PARAYARUKUZHIYIL HOUSE, NEAR 101 JUNCTION, PADINJARUM BHAGOM, ATHIRAMPUZHA VILLAGE, KOTTAYAM. 2. JOBY, MOOLEPARAMBIL HOUSE, PEROOR.P.O, KOTTAYAM. BY THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING COME UP FOR ADMISSION ON 05/12/2008,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Rs/ M.N.KRISHNAN, J ===================== MACA No.1885 OF 2008 ===================== Dated this the 5th day of December 2008 JUDGMENT This appeal is preferred against the award of the Addl.Motor Accidents Claims Tribunal, Kottayam in O.P.(MV)No.1420 of 2004. The claimant, a pillion rider sustained injuries in a road accident and the Tribunal has awarded a compensation of Rs.27,050/- with 7% interest. The insurance company has challenged the decision on the ground that as no additional premium is collected, a pillion rider is not covered by the policy. Admittedly, the policy is a package policy which as per Section II(1)(i) covers the risk of death of or bodily injury to any person including occupants carried in the insured vehicle provided such occupants are not carried for hire or reward. This clause came up for consideration before a Division Bench of this Court in New India Assurance Co.Ltd. v. Hydrose and others(2008(3)KHC 522) and it was held that when the conditions of the policy covers the risk of such a person, the insurance company is bound to indemnify. Therefore in the light of the said decision and the conditions of the policy, the insurance company is bound to pay the amount. Therefore MACA 1885/2008 -:2:- the appeal lacks merit and the same is dismissed. M.N.KRISHNAN, JUDGE Cdp/- M.N.KRISHNAN, J ===================== C.R.P. No OF 200 ===================== Dated this the 1st day of January 2008 JUDGMENT M.N.KRISHNAN, JUDGE Cdp/-