IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN FRIDAY, THE 14TH NOVEMBER 2008 / 23RD KARTHIKA 1930 MACA.No. 1534 of 2008(C) ------------------------------------- OP(MV).NO.1688/2004 OF MOTOR ACCIDENT CLAIMS TRIBUNAL, KOTTAYAM. .................... APPELLANT/ 2ND RESPONDENT: ----------------------------------------------- NATIONAL INSURANCE COMPANY LTD., REP. BY ITS MANAGER, 3RD PARTY WING, OMANA BUILDING, PADMA JUNCTION, KOCHI-35. BY ADV. SRI.P.R.RAMACHANDRA MENON. RESPONDENTS/ PETITIONER AND 1ST RESPONDENT RESPECTIVELY: ----------------------------------------------------------------------------------------------------- 1. JICKSON MATHEW, S/O MATHEW JOSEPH, CHANNAMANGALAM HOUSE, MAMMOOD P.O., CHANGANACHERRY, KOTTAYAM DISTRICT. 2. STANLY THOMAS, S/O THOMAS, THYKKADUPPIL HOUSE, THOTTACKAD P.O., KOTTAYAM. R1 BY ADV. SRI.A.P.SUBHASH. THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 14/11/2008,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: M.A.C.A. NO. 1534/2008-C: ORDER ON I.A. NO. 1826/2008 IN M.A.C.A. NO. 1534/2008-C. DISMISSED 14/11/2008. SD/- M.N.KRISHNAN, JUDGE. //TRUE COPY// P.S. TO JUDGE. prv. M.N. KRISHNAN, J. = = = = = = = = = = = = = = M.A.C.A. NO. 1534 OF 2008 = = = = = = = = = = = = = = = Dated this the 14th 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)1688/04. The insurance company has come in appeal contending that the policy issued does not cover the risk of a pillion rider as no additional premium is paid 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 entitled to be exonerated. 2. The matter has been dealt with in paragraph 12 of the award by the Tribunal. The Tribunal has found that it is a package policy. There are conditions attached to package policies and comprehensive policies which normally contains a clause II(1)(i) whereby it is seen that the insurance company has contracted to undertake the risk of a person travelling in a motor vehicle other than for hire or reward. The same clause came up for consideration before a Division M.A.C.A. 1534 OF 2008 -:2:- Bench of this Court reported in New India Assurance Co. Ltd. v. Hydrose [2008 (3) KHC 522(DB). This Court held that since there is a specific condition in the policy and as the terms of contract cover the risk of such a person insurance company is bound to indemnify. In the light of the said decision the finding of the Tribunal cannot be found fault with. Therefore the appeal lacks merit and it is dismissed. M.N. KRISHNAN, JUDGE. ul/-