IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN THURSDAY, THE 15TH OCTOBER 2009 / 23RD ASWINA 1931 MACA.No. 917 of 2009() --------------------------------- OPMV.928/2004 of MOTOR ACCIDENT CLAIMS TRIBUNAL, IRINJALAKUDA .................... APPELLANT/3RD RESPONDENT ---------------------------------------------- THE NATIONAL INSURANCE CO.LTD., REPRESENTED BY ITS MANAGER,REGIONAL OFFICE, OMANA BUILDING,PADMA JUNCTION,KOCHI-35. BY ADV. SMT.RAJI T.BHASKAR RESPONDENTS/ PETITIONER & RESPONDENTS 1 & 2 RESPECTIVELY:- ----------------------------------------------------------------------------------------------------- 1. SINTO, AGED 20 YEARS,S/O.VARGHESE, ERATTUPARAMBIL HOUSE, KUZHIKKATTUKONAM DESOM, MADAYIKONAM VILLAGE & P.O, MUKUNDAPURAM TALUK. 2. C.P.YOHANNAN, S/O.POULOSE, CHENATH (H), MULANGU.P.O, THOTTIPPAL. 3. LINO.A.L, S/O.LONAKUTTY, ERATTUPARAMBIL (H), MADAYIKONAM.PO. R1 BY ADV. MR.P.V.BABY, MR.A.N.SANTHOSH. THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING COME UP FOR ADMISSION ON 15/10/2009,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: MACA.No. 917 of 2009 ORDER ON I.A. NO.1208/2009 IN MACA NO.917/2009 CLOSED 15/10/2009. SD/- M.N.KRISHNAN, JUDGE //TRUE COPY// P.A. TO JUDGE rs. M.N.KRISHNAN, J. ........................................... M.A.C.A.NO.917 OF 2009 ............................................. Dated this the 15th day of October, 2009 J U D G M E N T This is an appeal preferred against the award of the Claims Tribunal, Irinjalakkuda in OP(MV)No.928/2004. The claimant has been awarded a compensation of Rs.37,900/= and the insurance company has been directed to pay the amount. Aggrieved by the decision fixing the liability, the insurance company has come up in appeal. 2. The Tribunal had considered this matter in the light of a Division Bench rulings in New India Assurance Co. Ltd. v.Hydrose (2008 (3) KLT 778) and as per the said decision when there is such a condition in the policy, the insurance company is bound to pay the amount. The Tribunal has extracted the clause and held that the insurance company has undertaken the liability for death of or bodily injury to any person including occupants carried in the vehicle provided such occupants are not carried for hire or reward and such a liability is seen limited in schedule to the condition. : 2 : M.A.C.A.NO.917 OF 2009 In the light of the Division Bench rulings of this Court which is followed by the Tribunal, there is nothing further to be considered by a single Judge and therefore, the appeal lacks merit and it is dismissed. M.N.KRISHNAN, JUDGE cl : 3 : M.A.C.A.NO.917 OF 2009