IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN WEDNESDAY, THE 7TH OCTOBER 2009 / 15TH ASWINA 1931 MACA.No. 732 of 2009() -------------------------------- OPMV.854/2004 of MOTOR ACCIDENT CLAIMS TRIBUNAL, NORTH PARAVUR .................... APPELLANT/3RD RESPONDENT IN THE OP(MV).NO.854/04: ----------------------------------------------------------------------------------- NEW INDIA ASSURANCE COMPANY LTD., EDATHIL BUILDING, THOPPUMPADY, KOCHI-5, REPRESENTED BY ITS MANAGER, REGIONAL OFFICE, KANDAMKULATHY TOWERS, M.G.ROAD, ERNAKULAM. BY ADV. MR.LAL GEORGE RESPONDENTS/PETITIONER/RESPONDENTS 1 & 2 IN THE OP (MV) NO.854/04: ---------------------------------------------------------------------------------------------------------------- 1. JITHU, S/O.CHARLY, THUNDIPARAMBIL HOUSE, AZHEECKAL, VYPPIN. 2. AJEETH. X, S/O.P.C. XAVIER, PARAPULLIL HOUSE, SEA VIEW, AZHEECKAL P.O., VYPPIN, ERNAKULAM DIST. 3. SHEHAN. P.P., S/O.PETER. P.A., PANICKASSERY HOUSE, WARD NO.1, VYPPIN. R2 BY ADV. SMT.J.SHEEBA MARIAM. THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 07/10/2009,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: rs. M.N. KRISHNAN, J. = = = = = = = = = = = = = = M.A.C.A. NO. 732 OF 2009 = = = = = = = = = = = = = = = Dated this the 7th day of October, 2009. J U D G M E N T This appeal is preferred against the award of the Motor Accidents Claims Tribunal, N. Paravur in O.P.(MV)854/04. The claimant, a pillion rider sustained injuries in a road accident and the Tribunal awarded a compensation of Rs.52,000/-. The Tribunal negatived the claim of insurance company regarding the exoneration of the liability. But in the light of the conditions of the policy the Tribunal found it liable and it is against that decision the insurance company has come up in appeal. 2. Heard the learned counsel. In paragraph 10 of the award the condition is extracted by the Tribunal as follows. It is stated “death or bodily injury to any person including occupants.” This question came up for consideration before the Division Bench of this Court in New India Assurance Co. Ltd. v. Hydrose (2008 (3) KLT 778) and it was held that when the terms and conditions of M.A.C.A. 732 OF 2009 -:2:- the policy covers the risk of a person carried in a motor vehicle then by virtue of the condition itself the insurance company is bound to pay. The question of any additional premium does not arise for consideration. This Court even considered the clause in Mathew v. Shaji Mathew (2009 (3) KLT 813) that “Except so far as it is necessary to meet the requirements of the Motor Vehicles Act, the Company shall not be liable etc. etc.” In the decision also the Division Bench held that the principle enunciated in Hydrose's case has to be extended to such cases and made the insurance company liable for the amount. So in the light of these two authoritative pronouncements nothing else remains to be considered in this appeal and therefore the appeal lacks merit and the same is dismissed. M.N. KRISHNAN, JUDGE. ul/-