Koshy, J.

Insurance company filed this appeal as the liability to pay compensation for the injuries of a pillion rider was cast on the Insurance Company. It is the case of the appellant Insurance company that, in United India Insurance Company V. Tilak Singh (2006 (4) SCC 404), Honourable Supreme Court held that in an Act only policy, rider and pillion rider are not covered and for covering pillion rider or a gratuitous passenger, there should be specific coverage. As held by the Constitution Bench of the Supreme Court in New India Assurance Co. Ltd. V. Jaya (2002 (1) KLT 596 (SC)), merely because policy is comprehensive, the liability is not absolute for the Insurance company. Act only policy covers statutory liability. In certain comprehensive policies, apart from the statutory liability, only own damages are covered. In such circumstances, gratuitous passengers are not covered. Apart form the risk compulsorily to the coverage under the Motor Vehicles Act, coverage of other risk depends upon the terms of policy like any other commercial contract. So, there should be specific coverage as held by the Supreme Court in Amrit Lal Sood and another V. Kaushalya Devi Thapar an