IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN TUESDAY, THE 24TH NOVEMBER 2009 / 3RD AGRAHAYANA 1931 MACA.No. 631 of 2009() --------------------------------- OP(MV) 3253/2000 OF THE MOTOR ACCIDENTS CLAIMS TRIBUNAL, ERNAKULAM. ........ APPELLANT(S): PETITIONER ------------------------ M.N.REGHUVARAN, AGED 68 YEARS, S/O. NARAYANAN, VARIPPILE HOUSE, SHOBHA ROAD, VENNALA P.O., KOCHI-682 028. BY ADV. MR.ANIL S.RAJ RESPONDENT(S): RESPONDENTS -------------------------- 1. P.K.MIRAJ S/O. KARTHIKEYAN, PANDAVAPADATH HOUSE, VENNALA P.O., KOCHI-682 028. 2. PRADEEP S/O. REGHUVARAN, MEKKARA VARIPPIL HOUSE, VENNALA P.O., SOUTH OF MEDICAL CENTRE HOSPITAL, KOCHI-682 028. 3. THE NATIONAL INSURANCE COMPANY LTD., REPRESENTED BY ITS MANAGER, BRANCH OFFICE, ERNAKULAM. R3 BY ADV. MR.M.A.GEORGE THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 24/11/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: tss M.N. KRISHNAN, J. = = = = = = = = = = = = = = M.A.C.A. NO. 631 OF 2009 = = = = = = = = = = = = = = = Dated this the 24th day of November, 2009. J U D G M E N T This appeal is preferred against the award of the Motor Accidents Claims Tribunal, Ernakulam in O.P.(MV)3253/00. The claimant sustained injuries in a road accident while he was travelling as a pillion rider in a two wheeler. The Tribunal fixed the compensation at Rs.28,000/- but exonerated the insurance company from the liability on the ground that he was a pillion rider whose risk was not covered by the policy. It is against that decision the claimant has come up in appeal challenging the exoneration of the liability of the insurance company. 2. Heard the learned counsel for the appellant as well as the insurance company. Admittedly the vehicle is covered by a package policy. Package policy contains a condition II (i) to the effect that it had undertaken the risk in case of death or bodily injury arising out of the use of a motor M.A.C.A. 631 OF 2009 -:2:- vehicle for any person other than for hire or reward. There are certain policies which incorporate the condition 'except so far as it relates to the liability under the Motor Vehicles Act'. Both these clauses have come up for consideration before two Division Benches of this Court in the decisions 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 Division Benches were considering the scope of the said clause and had arrived at a decision that since there is a contract which covers the risk of persons travelling in a vehicle then payment of additional premium is not necessary to cover the risk of such persons. In the light of these two authoritative pronouncements and in the light of the terms and conditions of the policy the insurance company is liable to pay. Therefore the MACA is allowed and the award exonerating the insurance company from the liability is set aside and the insurance company is made liable. The M.A.C.A. 631 OF 2009 -:3:- insurance company is directed to deposit the amount within a period of sixty days from the date of receipt of a copy of the judgment. M.N. KRISHNAN, JUDGE. ul/-