IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN WEDNESDAY, THE 22ND OCTOBER 2008 / 30TH ASWINA 1930 MACA.No. 1181 of 2008() ---------------------------------- OPMV.104/2005 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 & IST RESPONDENT RESPECTIVELY ----------------------------- 1. HARIKUMAR A.S., S/O.SIVAN M.V AYAKKARAKUZHIYIL, PADUVA P.O., MATTAKKARA, NOW RESIDING AT PERUMPADAPPIL HOUSE, KIDANGOOR P.O. 2. BIJUMON @ BIJU, S/O.NARAYANAN, ANANDABHAVAN, MATTAKKARA P.O., AYARKUNNAM. ADV. SRI.P.C.HARIDAS FOR R2 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 22/10/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: M.N.KRISHNAN, J ===================== MACA No.1181 OF 2008 ===================== Dated this the 22nd day of October 2008 JUDGMENT This appeal is preferred against the award of the Motor Accidents Claims Tribunal, Pala in O.P.(MV)No.104 of 2005. The claimant, a pillion rider sustained injuries in a road accident and the Tribunal directed the insurance company to pay compensation. It is against that decision, the company has come up in appeal. It is the contention of the company that as wider premium is not paid for coverage of a pillion rider, the insurance company is not bound to indemnify. But, the Tribunal in paragraph 10 of the award has considered the policy conditions, which 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 used 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(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. MACA 1181/2008 -:2:- Damage to property other than property belonging to the insured or held in trust or in the custody or control of the insured”. The very same 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 held that in the light of the specific conditions enabling the coverage of a person carried in a motor vehicle under the terms and conditions of the policy the insurance company is bound to indemnify the owner. In the light of this decision, one cannot find fault with the Tribunal for arriving at a decision and the insurance company is bound to pay the amount. Therefore the appeal lacks merit and the same is dismissed. M.N.KRISHNAN, JUDGE Cdp/-