IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN FRIDAY, THE 11TH DECEMBER 2009 / 20TH AGRAHAYANA 1931 MACA.No. 1748 of 2009() ---------------------------- OPMV.144/2008 of MOTOR ACCIDENT CLAIMS TRIBUNAL, PALA ........................................................................................ APPELLANT: ------------- ROYAL SUNDARAM ALLIANCE INSURANCE COMPANY LIMITED, REPRESENTED BY ITS GENERAL MANAGER-LEGAL, SORRENTO BUILDING NO.6, 1ST FLOOR, LATTICE BRIDGE ROAD, ADYAR, CHENNAI-600 020. BY ADV. MR.MATHEWS JACOB, SENIOR ADVOCATE MR.P.JACOB MATHEW RESPONDENT(S): ------------------- 1. APPUKUTTAN PILLA, S/O BALAKRISHNA PILLA, ANANTHABHAVAN HOUSE, KULAKKADA VILLAGE, KOTTARAKKARA TALUK. 2. JOSEPH V.M., VALIYAVEETTIL HOUSE, VELLIKKULAM P.O., THEKKOY, KOTTAYAM DISTRICT. 3. GEORGE, S/O APPACHAN, ERRUVELLIKUNNEL HOUSE, VELLIKKULAM P.O., THEKKOY, KOTTAYAM DISTRICT. ADV. MR.K.J.JOSEMON FOR R1 MR.C.M.TOMY FOR R1 MR.MATHEW SKARIA FOR R1 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 11/12/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: M.N.KRISHNAN, J. ------------------------------------------ M.A.C.A. No. 1748 OF 2009 ------------------------------------------ Dated this the 11th day of December, 2009 JUDGMENT This is an appeal preferred against the award of the Claims Tribunal, Pala in O.P(M.V)No.144/2008. The claimant while traveling as a passenger in a private car sustained injuries and moved the application for compensation. Tribunal awarded him a compensation of Rs.89,300/- and directed the third respondent to deposit the amount. It is against that decision, the Insurance Company has come up in appeal challenging its liability. 2. Admittedly, the vehicle is covered by a package policy. The two Division Benches of this Court in the cases reported in (2008 (3) KLT 778 and 2009 (3) KLT 813, Hydrose Vs. New India Assurance Company and another and Mathew Vs. Shaji Mathew) considered the clause relating to the package policy and held that by virtue of the terms and conditions of the policy, the Insurance Company is bound to pay the amount. Further the Insurance Regulatory and Development Authority had also referred to these specific conditions in the M.A.C.A. No. 1748 OF 2009 2 policy and issued a clarificatory circular to the effect that the insurers liability in respect of occupants carried in a private car and pillion rider carried on two wheeler is covered under the Standard Motor Package Policy. Therefore, by virtue of the two decisions referred to above and the clarificatory circular issued by the authority, it has to be held that the Insurance Company is bound to pay the amount and the award does not suffer any infirmity. Therefore the appeal is dismissed. M.N.KRISHNAN, JUDGE /ss/