IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN TUESDAY, THE 28TH OCTOBER 2008 / 6TH KARTHIKA 1930 MACA.No. 348 of 2008(G) -------------------------------- OPMV.2186/2005 of MOTOR ACCIDENT CLAIMS TRIBUNAL, KOTTAYAM .................... APPELLANT/RESPONDENT NO.3 : ---------------------------------------- M/S. UNITED INDIA INSURANCE CO. LTD., KOTTAYAM, NOW REPRESENTED BY ITS ASSISTANT MANAGER, REGIONAL OFFICE, SHARANYA, HOSPITAL ROAD, ERNAKULAM, KOCHI-11. BY ADV. SRI.S.MAMMU RESPONDENTS/PETITIONER AND RESPONDENTS NO.1 AND 2 : ----------------------------------------------------------------------------- 1. NIJU T.M. @ BIJU, THALAKKAL HOUSE, SOUTH PAMPADY P.O., KOTTAYAM. 2. SUNU K.PRASAD, KODAMALA HOUSE, ELAKKODINJI BHAGAM, SOUTH PAMPADY P.O., KOTTAYAM. 3. SATHEESH KUMAR, SANTHA BHAVAN, SOUTH PAMPADY P.O., KOTTAYAM. ADV. SRI.ABRAHAM GEORGE JACOB - R1 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 28/10/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: MACA.No. 348 of 2008(G) ORDER ON I.A.NO.483 OF 2008 IN M.A.C.A. NO.348 OF 2008 DISMISSED 28.10.2008 SD/- M.N.KRISHNAN, JUDGE -TRUE COPY- P.A. TO JUDGE pac M.N. KRISHNAN, J ----------------------- M.A.C.A.No. 348 OF 2008 --------------------------------- Dated this the 28th day of October, 2008 JUDGMENT This appeal is preferred against the award of the Motor Accident Claims Tribunal, Kottayam in O.P.(MV) No.2186/2005. The claimant, a pillion rider of the motor cycle, sustained injuries in a road accident and he has awarded a compensation of Rs. 14,000/- with a direction to the Insurance Company to pay the amount. It is against that decision the Company has come up in appeal contending that being a pillion rider for whom no additional premium is paid there has no coverage and so in the light of the decision in United India Insurance Co. Ltd. v. Tilak Singh [2006 (4) SCC 404] held that the Insurance Company is not bound to pay the amount. On the other hand the learned counsel for the first respondent would contend that the policy is a package policy which has conditions under Section 2(1)(i) which takes in a passenger travelling in a motor bike also. Therefore it is contended that terms and conditions of the policy covers risk of a pillion rider as well. There is no dispute with respect to that clause. This clause came up for consideration before the Division Bench of this M.A.C.A.No. 348 OF 2008 -2- Court in the decision reported in New India Assurance Company Ltd. v. Hydrose and others [2008 (3) KHC 522]. The Division Bench of this Court held that when there is a specific condition in the policy which takes in the case of a pillion rider as well then the Insurance Company by virtue of the terms and conditions of the policy is bound to pay the amount. Therefore I cannot fault with the finding of the Tribunal that the Insurance Company is liable to pay the amount. There is no need to interfere with the award passed by the Tribunal. The M.A.C.A lacks merit and accordingly dismissed. M.N. KRISHNAN, JUDGE vkm