IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN WEDNESDAY, THE 17TH MARCH 2010 / 26TH PHALGUNA 1931 MACA.No. 586 of 2009() ---------------------- OPMV.329/2004 of MOTOR ACCIDENT CLAIMS TRIBUNAL,NORTH PARAVUR .................... APPELLANT(S): APPELLANT: ----------------------------------------- C.V.RUPESH,S/O.VISWAMBHARAN, CHERUPULLIPARAMBIL HOUSE,PUKKAD ELAMKUNNAPUZHA.P.O., KOCHI TALUK, ERNAKULAM DISTRICT. BY ADV. SRI.G.BALAMURALEEDHARAN (PARAVUR) SRI.MATHEWS V.JACOB (PARAVUR) SRI.N.T.NANDAKUMAR (PARAVUR) RESPONDENT(S): RESPONDENTS: ------------------------------------------------- 1. N.S.RAJEEVAN,S/O.SANKARANKUTTY, NIKATHIPARAMBIL HOUSE, PUKKAD, ELAMKUNNAPUZHA.P.O., KOCHI TALUK, ERNAKULAM DISTRICT. 2. RUPESHKUMAR.P.A., S/O.ASOKAN, PATTUPARAMBIL HOUSE,PUKKAD, ELAMKUNNAPUZHA.P.O., KOCHI TALUK, ERNAKULAM DISTRICT. 3. UNITED INDIA INSURANCE CO. LTD., BRANCH OFFICE, JOS TRUST BUILDINGS, CHITTOOR ROAD, KOCHI-35, ERNAKULAM DISTRICT. ADV. SMT.D.GEETHA FOR R3 SMT.K.SHERIN MOHAN FOR R3 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 17/03/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: M.N.KRISHNAN,J. ====================== M.A.C.A No.586 OF 2009 ====================== Dated this the 17th day of March 2010. JUDGMENT This is an appeal preferred against the award of the Motor Accidents Claims Tribunal, North Paravur in O.P.(M.V) No.329/2004. The claimant was a pillion rider in a two wheeler and he sustained injuries. He has been awarded a compensation of Rs.40,460/- with 7% interest and the Insurance Company was exonerated from the liability. It is against that decision the claimant has come up in appeal. 2. Heard the counsel for the appellant as well as the Insurance Company. Paragraph 9 of the award makes it very clear that the policy issued is a package policy for two wheeler. When it is a package policy by virtue of the circular dated 16.11.2009 issued by the Insurance Regulatory and Development Authority the passengers carried in a private vehicle and persons traveling in a two wheeler are covered under the terms and conditions of a standard motor package policy. The conditions of such a policy came up for consideration before two Division M.A.C.A No.586 OF 2009 2 Benches of this Court in the decision reported in New India Assurance Co. Ltd V. Hydrose, (2008 (3) KLT 778) and Mathew V. Shaji Mathew, (2009 (3) KLT 813). In both these decisions the Division Bench followed that the terms and conditions of the policy cover the risk of a pillion rider. Therefore, by virtue of Clarificatory Circular coupled with decisions of this court, the pillion rider is covered by standard motor package policy. The finding to the contra by the Tribunal is liable to be set aside and Insurance Company shall be liable. In the result, appeal is allowed and the exoneration of the Insurance Company from the liability is set aside and it is made liable. The Insurance Company is directed to deposit the amount within a period of 60 days from the date of the receipt of the copy of this judgment. M.N.KRISHNAN,JUDGE. mns M.A.C.A No.586 OF 2009 3