IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN FRIDAY, THE 31ST OCTOBER 2008 / 9TH KARTHIKA 1930 MACA.No. 1526 of 2008() ----------------------- OPMV.2395/2001 of MOTOR ACCIDENT CLAIMS TRIBUNAL, THRISSUR .................... APPELLANT/2ND RESPONDENT IN OP.M.V. ------------------------------------------------- THE NEW INDIA ASSURANCE CO.LTD., PERINCHAERY BUILDINGS, ROUND NORTH, THRISSUR PIN - 680 001 REPRESENTED BY ITS MANAGER. BY ADV. SRI.KKM.SHERIF SRI.A.A.ZIYAD RAHMAN RESPONDENT/ PETITIONER & RESPONDENT/ 1ST RESPONDENT ---------------------------------------------------------- 1. SINTO A.D., S/O.DAVIS, ALAPPATT HOUSE, CHOVUR VILLAGE DESOM, THRISSUR DISTRICT. 2. K.R.SANTHOSH, S/O.RAMAN, KOTTILAPPARA HOUSE, H.NO.1/102, VALLACHIRA VILLAGE, P.O. THAIKKATTUSSERRY, THRISSUR DISTRICT. ADV. SRI.C.CHANDRASEKHARAN FOR R1 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING COME UP FOR ADMISSION ON 31/10/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: MACA No. 1526/08 ORDER ON IA No. 1819/08 IN MACA No.1526/08 DISMISSED 31.10.08 SD/- M.N.KRISHNAN, JUDGE /TRUE COPY/ PA TO JUDGE. M.N.KRISHNAN, J. -------------------------- M.A.C.A No. 1526 OF 2008 --------------------- Dated this the 31st day of October, 2008 JUDGMENT This appeal is preferred against the award passed by the Motor Accident Claims Tribunal, Thrissur, in OP(MV) 2395/01. The claimant sustained injuries in a road accident while he was travelling as a pillion rider in a motor cycle and the Tribunal awarded him a compensation of Rs.55,900/-. Aggrieved by that decision, the Insurance Company has come up in appeal challenging its liability to pay the amount on the ground that as no additional premium is paid in the light of the dictum laid down in United India Insurance Co. Ltd. v. Tilak Singh [2006 (4) SCC 404] it is not bound to pay compensation. Unfortunately, I do not find any such contention being raised in the case. 2. Learned counsel for the Insurance Company admits that the policy issued is a comprehensive policy with the usual conditions of section 2 (1)(i) which takes in the coverage of any person carried in a motor cycle other than for hire or reward. This clause came up for consideration before a Division Bench of this court in the decision MACA No. 1526/08 2 reported in New India Assurance Company Ltd. v. Hydrose and Others [2008 (3) KHC 522 (DB)]. This court held that when there is such terms and conditions in the policy of the contract, the Insurance Company is bound to pay the amount. So in the light of this dictum as well as other pleadings, I cannot find fault with the Tribunal for arriving at such a decision. Therefore the appeal lacks merit and it is accordingly dismissed. M.N.KRISHNAN, JUDGE vps MACA No. 1526/08 3