IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN WEDNESDAY, THE 24TH MARCH 2010 / 3RD CHAITHRA 1932 MACA.No. 2254 of 2008() ----------------------- OPMV.754/2004 of MOTOR ACCIDENT CLAIMS TRIBUNAL, NEYYATTINKARA .................... APPELLANT(S): 3RD RESPONDENT: ------------------------------------------------------ THE ORIENTAL INSURANCE COMPANY LTD, THIRUVANANTHAPURAM NOW REPRESENTED BY ITS ASSISTANT MANAGER, REGIONAL OFFICE, METRO PALACE, KOCHI-18. BY ADV. MR.P.JACOB MATHEW RESPONDENT(S): PETITIONER AND RESPONDENT 1 & 2: ------------------------------------------------------------------------------------- 1. SABI @ SAFFI, S/O.MUHAMMED SALI, SHAMEER MANZIL, UNDAPPARA, POOVACHAL P.O. 2. ASEEM P., S/O.PEERU MUHAMMED, KOCHUTHOPPIL MUDUMBU VEEDU, 32/896-1, CHACKAI, THIRUVANANTHAPURAM. 3. THASTHAKIR, S/O.MUHAMMATH ISMAIL, 24/18, THERIVILAKOM, KOLLAMKODE, KANNYAKUMARI DISTRICT. BY ADV. MR.SAJU.S.A. THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 24/03/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss M.N. KRISHNAN, J. ........................................... M.A.C.A.No.2254 OF 2008 ............................................. Dated this the 24th day of March, 2010. J U D G M E N T This appeal is preferred against the award of the Claims Tribunal, Neyyattinkara in OP(MV)No.754/2004. The claimant, a 21 year old man, sustained injuries in a road accident while he was riding as a pillion rider. He had sustained fracture of the malleolus, right ankle and 2nd and 4th toes. He was advised to take rest for 6 weeks. He had also undergone physiotherapy for some time. It is true that the tribunal has fixed the disability at 6% without much materials. 2. This Court also is helpless to fix the disability correctly, but I do not want to remand the case and keep the matter pending for a long time. So even in the absence of disability certificate, considering the fact that he had sustained fracture of the ankle and two toes, certainly it would have affected his capacity. I am inclined to fix the disability at 4%. When it is worked out, the disability compensation would come to Rs.16,320/= instead of : 2 : M.A.C.A.No.2254 OF 2008 Rs.24,480/= making a difference of Rs.8,160/= or in other words the total compensation has to be reduced and fixed as Rs.43,070/=. 3. So far as the contention regarding exoneration of liability is concerned, it is a package policy. By virtue of the clarificatory circular issued by the Insurance Regulatory and Development Authority dated 16.11.2009 persons travelling in private vehicles and pillion riders carried in two wheelers are covered by the terms and conditions of the standard motor package policy. Again in the light of the decisions of this Court reported in New India Assurance Co. Ltd. v. Hydrose (2008 (3) KLT 778) and in Mathew v. Shaji Mathew (2009 (3) KLT 813) it has been held that conditions of the policy will cover the risk of pillion riders. Therefore the finding of the tribunal that the claimant is covered by the policy cannot be found fault with. 4. In the result, the MACA is partly allowed and the claimant is awarded a total compensation of Rs.43,070/= with 7.5% interest from the date of petition till realisation and the 3rd respondent insurance company is directed to : 3 : M.A.C.A.No.2254 OF 2008 deposit the said amount within a period of 60 days from the date of receipt of a copy of this judgment. The order regarding court fee etc as ordered by the tribunal has to be complied with. Disposed of accordingly. M.N. KRISHNAN, JUDGE cl : 4 : M.A.C.A.No.2254 OF 2008