IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN WEDNESDAY, THE 15TH SEPTEMBER 2010 / 24TH BHADRA 1932 MACA.No. 1409 of 2010(A) -------------------------------- (OPMV.625/2005. of MOTOR ACCIDENT CLAIMS TRIBUNAL, OTTAPALAM ) .................... APPELLANT(S): PETITIONER --------------------------------- K.SANKARAN, AGED 49 YEARS, S/O.LATE RAMAN, KALLITHODI HOUSE, PO.KALLIPADAM, SHORANUR, PALAKKAD DISTRICT. BY ADV. SMT.M.A.ZOHARA RESPONDENT(S): RESPONDENT ------------------------------------ 1. M.CHANDRAN , AGED 53 YEARS, S/O.KARUPPAN, MANKUZHIYIL HOUSE, PO,SHORANUR. 2. THE UNITED INDIA INSURANCE CO.LTD, OTTAPPALAM BRANCH, P.O. OTTAPPALAM, PALAKKAD DISTRICT. BY ADVS. SMT.T.D.RAJALAKSHMI SRI.R.SREEHARI THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 15/09/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: SVS/ M.N. KRISHNAN, J. ........................................... M.A.C.A.NO.1409 OF 2010 ............................................. Dated this the 15th day of September, 2010. J U D G M E N T This is an appeal preferred against the award of the Claims Tribunal, Ottapalam in OP(MV)No.625/2005. The claimant, a pillion rider, sustained injuries in a road accident and he has been awarded a compensation of Rs.35,130/=, but the insurance company was exonerated from the liability on the ground that claimant was a pillion rider. The trial court held that as no additional premium is paid, though it is a package policy, it will not cover the risk of the pillion rider. Now by virtue of the subsequent decisions and the circular, the position has been changed. As per the clarificatiory circular issued by the Insurance Regulatory and Development Authority dated 16.11.2009, passengers carried in a two wheeler are covered under the terms and conditions of the standard motor package policy. The conditions of this policy came up for consideration before the two Division Benches of this Court in the decision reported in New India Assurance Co. Ltd. v. Hydrose (2008 (3) KLT 778) and in : 2 : M.A.C.A.NO.1409 OF 2010 Mathew v. Shaji Mathew (2009 (3) KLT 813). The Division Benches held that by virtue of the terms and conditions of the policy, no additional premium is necessary to cover a pillion rider. 2. Therefore in the light of the clarificatory circular coupled with the judicial pronouncements of this Court, the policy will cover the pillion rider as well. The finding to the contra by the Tribunal is set aside and the insurance company is made liable. 3. In the result, the MACA is disposed of by setting aside exoneration of liability of the insurance company and directing the insurance company 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.1409 OF 2010 M.N. KRISHNAN, J. ........................................... A.S.NO.411 OF 1996 ............................................. 3rd day of September, 2010. J U D G M E N T