IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN THURSDAY, THE 27TH NOVEMBER 2008 / 6TH AGRAHAYANA 1930 MACA.No. 1184 of 2008(C) --------------------------------- OPMV.712/2005 of MOTOR ACCIDENT CLAIMS TRIBUNAL, KOTTAYAM .................... APPELLANT(S): /3RD RESPONDENT -------------------------------------- NATIONAL INSURANCE COMPANY LTD., REP. BY ITS MANAGER, REGIONAL OFFICE, 3RD PARTY WING, OMANA BUILDING, PADMA JUNCTION, KOCHI-35. BY ADV. SRI.P.R.RAMACHANDRA MENON RESPONDENT(S): PETITIONER & RESPONDENTS 1 & 2 RESPECTIVELY --------------------------------------------------------------------------------- 1. V.K.SULEKHA, PONMALA PUTHENPURACKAL HOUSE, KUMMANAM, KOTTAYAM. 2. ANSARI, PONMALA PUTHENPURACKAL HOUSE, KUMMANAM, KOTTAYAM. 3. NAZEER P.H., PUTHIYAVALIYAPARAMBIL HOUSE, KUMMANAM, KOTTAYAM DIST. ADV. SRI.BABU CHERUKARA FOR R1 SRI.P.A.SALIM FOR R1 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 27/11/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: M.N. KRISHNAN, J. = = = = = = = = = = = = = = M.A.C.A. NO. 1184 OF 2008 = = = = = = = = = = = = = = = Dated this the 27th day of November, 2008. J U D G M E N T This appeal is appeal preferred by the insurance company against the award of the Motor Accidents Claims Tribunal, Kottayam in O.P.(MV)712/05. The claimant was a passenger in a Maruthi van and she sustained injuries in a road accident. It is the case of the insurance company that as no additional premium is paid for the coverage of passengers in a private vehicle the status of the said person will be that of a gratuitous passenger as held by the Apex Court in Tilak Singh's case [United India Insurance Co. Ltd. v. Tilak Singh (2006 (2) KLT 884(SC) and Asha Rani's case, New India Assurance Co. Ltd. v. Asha Rani 2003 (1) KLT 165). So the policy does not cover the risk of such persons and so it is liable to be exonerated from the liability. The Tribunal has considered this contention in paragraph 7 of its award. The policy issued is a package policy and there is a clause II (1)(i) which shows that from M.A.C.A. 1184 OF 2008 -:2:- the very nature the policy covers the risk in respect of death or bodily injury to any person including occupants carried in the vehicle(provided such occupants are not carried for hire or reward). This clause came up for consideration before the Division Bench of this Court in the decision reported in New India Assurance Co. Ltd. v. Hydrose [2008 (3) KHC 522(DB) and this Court held that by virtue of the terms of the contract the insurance company is bound to pay the amount. Since there are specific policy conditions and as it is covered by a Division Bench decision of this Court I do not find any fault with the Tribunal in arriving at a decision casting the liability on the insurance company. Therefore the appeal lacks merit and it is dismissed. M.N. KRISHNAN, JUDGE. ul/-