IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN WEDNESDAY, THE 18TH AUGUST 2010 / 27TH SRAVANA 1932 MACA.No. 944 of 2010() ---------------------------------- OPMV.1603/2004 of MOTOR ACCIDENT CLAIMS TRIBUNAL, KOZHIKODE .................... APPELLANT(S): PETITIONER ------------------------------------------ K.T.KAMALAKSHI,AGED 62 YEARS, W/O.DHARMARAJAN,RESIDING AT MEKKEPARAMBATH HOUSE, POST KAKKODI, KOZHIKODE. BY ADVS. SRI.V.V.SURENDRAN SRI.P.A.HARISH RESPONDENT(S): RESPONDENTS ------------------------------------------------- 1. DHARMARAJAN,S/O.GOPALAN, H.NO.7/42,MEKKEPARAMBATH HOUSE,POST KAKKODI, KOZHIKODE. 2. M.SHAIJU,S/O.DHARMARAJAN, H.NO.7/42,MEKKEPARAMBATH HOUSE,POST KAKKODI, KOZHIKODE. 3. THE UNITED INDIA INSURANCE COMPANY LTD., DIVISIONAL OFFICE, SEEMA TOWER, MAVOOR ROAD, KOZHIKODE. R1 & R2 BY ADV. SMT.RESMI NANDANAN THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 18/08/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: tss M.N. KRISHNAN, J. ........................................... M.A.C.A.NO.944 OF 2010 ............................................. Dated this the 18th day of August, 2010. J U D G M E N T This is an appeal preferred against the award of the Claims Tribunal, Kozhikode in OP(MV)No.1603/2004. The claimant sustained injuries in a road accident and he has been awarded a compensation of Rs.13,000/= and the insurance company is exonerated from the liability on the ground that as no additional premium is paid, the claimant is not covered by the policy. 2. Heard the learned counsel. The learned counsel had made available before me the receipt issued by the United India insurance Company towards collection of premium. It is very specifically stated therein that an amount of Rs.7,462/= is received for a motor package policy. So the policy is a motor package policy. By virtue of the clarificatory circular issued by the Insurance Regulatory and Development Authority dated 16.11.2009, passengers travelling in a private car are also covered under the terms and conditions of the standard motor package policy. : 2 : M.A.C.A.NO.944 OF 2010 Further, conditions of the package policy came up for consideration before the two Division Benches of this Court in the decisions reported in New India Assurance Co. Ltd. v. Hydrose (2008 (3) KLT 778) and in Mathew v. Shaji Mathew (2009 (3) KLT 813). In both these decisions, this Court held that terms and conditions cover the persons without additional premium. Therefore finding of the Tribunal that insurance company has to be exonerated from the liability is set aside and I do so. 3. In the result, the MACA is allowed and the finding of the Tribunal exonerating the insurance company from the liability is set aside and it is made liable. The insurance company is directed to deposit the amount awarded within a period of 60 days from the date of receipt of a copy of this judgment. Disposed of accordingly. M.N. KRISHNAN, JUDGE. cl : 3 : M.A.C.A.NO.944 OF 2010 : 4 : M.A.C.A.NO.944 OF 2010 M.N. KRISHNAN, J. ........................................... A.S.NO.OF 2010 ............................................. 2nd day of August, 2010. J U D G M E N T