IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN FRIDAY, THE 7TH NOVEMBER 2008 / 16TH KARTHIKA 1930 MACA.No. 711 of 2008(A) -------------------------------- OPMV.1131/2004 of MOTOR ACCIDENT CLAIMS TRIBUNAL, PALA .................... APPELLANT/3RD 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 RESPONDENTS/PETITIONER & RESPONDENTS 1 & 2 RESPECTIVELY : ------------------------------------------------------------------------------------- 1. SHIFAR, S/O.NAZAR, VANCHANKAL HOUSE, NEAR MES JUNCTION, ERTTUPETTA. 2. THOUFEEQUE, S/O.PARRIEKOCHU, KEEZHEDATHY, VANCHANKAL BHAGOM, ERATTUPETTA. 3. SHEFFIEQUE, S/O.SAINUDDIN KUNJU, SHEFFEQUE MANZIL, BALAPUR, KOLLAM. ADV. SRI.K.S.HARIHARAPUTHRAN - R1 SRI.GEORGE MATHEW - R1 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 07/11/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: MACA.No. 711 of 2008(A) ORDER ON I.A.876 OF 2008 IN M.A.C.A.711 OF 2008 DISMISSED 07.11.2008 SD/- M.N.KRISHNAN, JUDGE -TRUE COPY- P.A. TO JUDGE pac M.N. KRISHNAN, J ----------------------- M.A.C.A.No. 711 OF 2008 --------------------------------- Dated this the 7th day of November, 2008 JUDGMENT This appeal is preferred against the award of the Motor Accident Claims Tribunal, Pala in O.P.(MV) No.1131/2004. The claimant, a pillion rider sustained injuries in a road accident and he has been awarded a compensation of Rs. 64,460/- and directed the Insurance Company to pay the compensation. The Insurance Company had preferred this appeal on the ground that no additional premium is collected and therefore in the light of the dictum laid down in United India Insurance Co. Ltd. v. Tilak Singh [2006 (4) SCC 404] the Insurance Company is not bound to pay the amount. This point has been considered by the Tribunal in para 10 of the award. The conditions are extracted as follows: “Subject to the limits of liability as laid down in the Schedule hereto the Company will indemnify the insured in the event of an accident caused by or arising out of the use of the insured vehicle against all sums which the insured shall become legally liable to pay in respect of - Death of or bodily injury to any person including occupants carried in the insured vehicle M.A.C.A.No. 711 OF 2008 -2- (provided such occupants are not carried for hire or reward) but except so far as it is necessary to meet the requirements of Motor Vehicles Act, the Company shall not be liable where such death or injury arises out of and in the course of the employment of such person by the insured. - Damage to property other than property belonging to the insured or held in trust or in the custody or control of the insured.” This clause came up for consideration before the the Division Bench of this Court in the decision reported in New India Assurance Company Ltd. v. Hydrose and others [2008 (3) KHC 522] . The Division Bench of this Court held that by virtue of the terms and conditions of the policy the Insurance Company is bound to pay the amount. In the light of the said decision and consideration of the clause regarding conditions of the policy, I cannot find fault with the Tribunal for affixing the liability on the Insurance Company. The M.A.C.A lacks merit and accordingly dismissed. M.N. KRISHNAN, JUDGE vkm