IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN MONDAY, THE 3RD NOVEMBER 2008 / 12TH KARTHIKA 1930 MACA.No. 2288 of 2007(D) ----------------------- OPMV.1832/2004 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 AND RESPONDENTS 1 & 2: --------------------------------------------------------------------- 1. MADHUSOODHANAN @ MADHU, ILVACHERRYPARAMBIL HOUSE, S.H.MOUNT P.O.,KOTTAYAM. 2. SAJIKUMAR, KALATHARAMATTATHIL HOUSE, S.H.MOUNT P.O.,KOTTAYAM. 3. SUDHEESH S., ELOOR HOUSE, S.H. MOUNT P.O., KOTTAYAM. ADV. SRI.ABRAHAM GEORGE JACOB FOR R1 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 03/11/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: M.N. KRISHNAN, J. = = = = = = = = = = = = = = M.A.C.A. NO. 2288 OF 2007 = = = = = = = = = = = = = = = Dated this the 3rd day of November, 2008. J U D G M E N T This appeal is preferred against the award of the Motor Accidents Claims Tribunal, Kottayam in O.P.(MV)1832/04. The Tribunal has awarded a compensation of Rs.39,600/- and directed the insurance company to satisfy the award. 2. Heard the counsel for the appellant as well as the first respondent. Learned counsel for the insurance company would contend before me that as no additional premium is paid the policy does not cover the risk of a pillion rider and therefore in the light of the dictum laid down in Tilak Singh's case [United India Insurance Co. Ltd. v. Tilak Singh (2006 (2) KLT 884(SC) it is liable to be exonerated from the liability. The Tribunal considered the contention at paragraph 17 of the award. It found that it is a package policy with the condition of policy at Sec.II(1)(i) and as per the said clause a person carried in a vehicle other than for hire or reward is also covered under the conditions of the M.A.C.A. 2288 OF 2007 -:2:- policy. 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)]. This Court viewed that since the conditions of the policy covers the risk of such a person the insurance company is bound to indemnify. In the light of the said clause as well as on the basis of the decision of the Division Bench I cannot find fault with the Tribunal for arriving at such a decision by fixing the liability on the insurance company. Therefore the appeal lacks merit and it is dismissed. M.N. KRISHNAN, JUDGE. ul/-