IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN FRIDAY, THE 13TH NOVEMBER 2009 / 22ND KARTHIKA 1931 MACA.No. 1697 of 2008() ----------------------- OPMV.303/2005 of MOTOR ACCIDENT CLAIMS TRIBUNAL, KOTTAYAM .................... APPELLANT(S): 3RD RESPONDENT: ----------------------------- THE ORIENTAL INSURANCE COMPANY LIMITED, CHANGANACHERRY NOW REPRESENTED BY ITS ASSISTANT MANAGER, REGIONAL OFFICE, METRO PALACE, KOCHI-18. BY ADV. SRI.MATHEWS JACOB, SENIOR ADVOCATE SRI.P.JACOB MATHEW RESPONDENT(S): PETITIONER AND RESPONDENTS 1 & 2: ------------------------------------------------ 1. SIJU CHACKO @ SIJU, VALUMMEL HOUSE, NEELAMPEROOR P.O., KUTTANAD. 2. SUNI, PANAKURUMPIL VADAKKETHIL, PERINGARA P.O., THIRUVALLA. 3. THOMAS.K.VARGHESE, KAITHARATHU HOUSE, POOVANTHURUTHU KARA, NATTAKOM VILLAGE. THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 13/11/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: M.N. KRISHNAN, J. ........................................... M.A.C.A.No.1697OF 2008 ............................................. Dated this the 13th day of November, 2009 J U D G M E N T This is an appeal preferred against the award of the Claims Tribunal, Kottayam in OP(MV)No.303/2005. The claimant, a pillion rider of a two wheeler, sustained injuries in a road accident and he has been awarded compensation by the Tribunal and a direction is given to the insurance company to deposit the amount. Challenging that decision, the insurance company has come up in appeal. 2. It is contended by the learned counsel for the insurance company that though the policy issued is a package policy, as no additional premium is paid, the pillion rider is not covered by the policy and therefore extending the principles in United India Insurance Co. Ltd. v. Tilak Singh [(2006(2) KLT 884 (SC)]his status will be that of a gratuitous passenger not covered by the policy. Being a package policy, it normally contains a condition whereby the death of or injury caused to a person arising out of the use the motor cycle other than for hire or reward is covered under the conditions of the policy. The clause “except so : 2 : M.A.C.A.No.1697OF 2008 far as it relates to the liability under the Motor Vehicles Act” came up for consideration before the two Division Benches of this Court reported in New India Assurance Co. Ltd. v. Hydrose (2008 (3) KLT 778) and Mathew v. Shaji Mathew (2009 (3) KLT 813). In both these cases, the Division Benches took the view that since conditions of the policy undertake to cover the risk of a pillion rider, payment of additional premium is not necessary and therefore, by virtue of the terms of the contract, the insurance company is bound to pay the amount. This is what is precisely done by the Tribunal. Therefore, the award does not call for any interference and the same fails and it is dismissed. M.N. KRISHNAN, JUDGE cl : 3 : M.A.C.A.No.1697OF 2008 : 4 : M.A.C.A.No.1697OF 2008