IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN MONDAY, THE 30TH AUGUST 2010 / 8TH BHADRA 1932 MACA.No. 963 of 2008(F) ----------------------------- OPMV.2121/2004 of MOTOR ACCIDENT CLAIMS TRIBUNAL, NEYYATTINKARA .................... APPELLANT(S): / 3RD RESPONDENT --------------------------------------- THE NEW INDIA ASSURANCE COMPANY LTD, REP.BY THE DY.MANAGER, REGIONAL OFFICE, M.G.ROAD, KOCHI -II. BY ADV. SMT.RAJI T.BHASKAR RESPONDENT(S): PETITIONER & RESPONDENTS 1 & 2 ------------------------------------------------------------- 1. RADHAKRISHNAN, S/O.KAMALASANAN, PLAMKUNNIVILA VEEDU, PAZHAYAUCHAKKADA, KAKKARAVILA.P.O. 2. JALADHARAN, KADAVILKATHU VEEDU, PANACHAMOODU.P.O, THIRUVANANTHAPURAM. 3. R.BINU, D.R.BHAVAN, ARATTUKUZHI, KUTHALI P.O. THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 30/08/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: M.N. KRISHNAN, J. = = = = = = = = = = = = = = M.A.C.A. NO. 963 OF 2008 = = = = = = = = = = = = = = = Dated this the 30th day of August, 2010. J U D G M E N T The contention raised in the appeal is that the pillion rider in a package policy is not covered as no wider premium is paid. In the light of the clarificatory circular dated 16.11.2009 issued by the Insurance Regulatory and Development Authority coupled with two Division Bench decisions of this Court reported in New India Assurance Co. Ltd. v. Hydrose (2008 (3) KLT 778) and Mathew v. Shaji Mathew (2009 (3) KLT 813) the learned counsel for the insurance company seeks permission to withdraw the appeal. Permission is granted. The appeal is dismissed as withdrawn. M.N. KRISHNAN, JUDGE. ul/-