IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN MONDAY, THE 13TH OCTOBER 2008 / 21ST ASWINA 1930 MACA.No. 644 of 2008() --------------------------------- OPMV.359/2004 of MOTOR ACCIDENT CLAIMS TRIBUNAL, PALA .................... APPELLANT/2ND RESPONDENT. -------------------- NATIONAL INSURANCE COMPANY LTD. REPRESENTED ITS ADMINISTRATIVE OFFICER, 3RD PARTY WING, OMANA BUILDING, PADMA JUNCTION, KOCHI - 35. BY ADV. SRI.P.R.RAMACHANDRA MENON RESPONDENTS: PETITIONER & 1ST RESPONDENT RESPECTIVELY. -------------------------- 1. GEORGE AUGUSTINE, S/O. AUGUSTINE, KUNNAKKATTU HOUSE, TEEKOY, MAVADY KARA, VELATHUSSERY P.O. 2. TOMY GEORGE, S/O. VARKEY, PORKKATTIL HOUSE, TEEKOY, KALLAM BHAGOM, KOTTAYAM. THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 13/10/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: M.N. KRISHNAN, J. = = = = = = = = = = = = = = M.A.C.A. NO. 644 OF 2008 = = = = = = = = = = = = = = = Dated this the 13th day of October, 2008. J U D G M E N T This appeal is preferred against the award of the Motor Accidents Claims Tribunal, Pala in O.P.(MV)359/04. The insurance company is the appellant. The claimant was a pillion rider. The insurance company would contend that the policy does not cover the risk of a pillion rider as no additional premium is collected in the light of the decision of the Apex Court in Tilak Singh's case [United India Insurance Co. Ltd. v. Tilak Singh 2006 (2) KLT 884 (SC). But the Tribunal referred to S.2 of the conditions of Policy which is 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 use of the insured vehicle against all sums which the insured shall become legally liable to pay in respect of M.A.C.A. 644 OF 2008 -:2:- - 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. - damage to property other than property belonging to the insured or held in trust or in the custody or control of the insured.” The insurance company has entered into a contract to cover the person travelling in a motorbike other than the rider. This clause came up for consideration before a Division Bench of this Court reported in New India Assurance Co. Ltd. v. Hydrose [2008 (3) KHC 522(DB)] and this Court held that by virtue of the contract between the insurance company and the insured there is an undertaking to cover such persons and so held that insurance company is liable to M.A.C.A. 644 OF 2008 -:3:- pay the amount. In the light of the said pronouncement it has to be held that terms and conditions of the policy covers the risk of a pillion rider and the decision of the Tribunal does not call for any interference. Therefore the appeal fails and it is dismissed. M.N. KRISHNAN, JUDGE. ul/-