IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN FRIDAY, THE 20TH AUGUST 2010 / 29TH SRAVANA 1932 MACA.No. 226 of 2010() ------------------------------------ OPMV.1939/2003 of MOTOR ACCIDENT CLAIMS TRIBUNAL, PERUMBAVOOR .................... APPELLANT(S): PETITIONER IN O.P.(M.V) 1939/2003 --------------------------------------------------------------------------- SONU, S/O.SUDHARSAN NAIR, AGED 19, MORMADATHIL (PADIKUZHA) HOUSE, NOOLELY, ASAMANOOR.P.O, ASAMANOOR VILLAGE. BY ADVS. SRI.V.K.GOPALAKRISHNA PILLAI SRI.GOPAKUMAR G. (ALUVA) RESPONDENT(S): RESPONDENT NO.3 IN O.P.(M.V) 1939/2003 ---------------------------------------------------------------------------------------- UNITED INDIA INSURANCE CO.LTD., 2ND FLOOR, SOUTHERN BLOCK, VADAKKANETHIL TOWERS, PRIVATE BUS STAND ROAD, PERUMBAVOOR. ADV. SRI.RAJAN P.KALIYATH THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 20/08/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: tss M.N.KRISHNAN, J. -------------------------------------------------------- M.A.C.A.No.226 OF 2010 --------------------------------------------------------- Dated this the 20th day of August, 2010. JUDGMENT This is an appeal preferred against the award of the Motor Accidents Claims Tribunal, Perumbavoor in O.P.(M.V). No.1939 of 2003. The claimant, a minor, sustained injuries in a road accident and the Tribunal awarded a compensation of Rs.41,870/- and exonerated the Insurance Company from the liability. The Insurance Company was exonerated from the liability on the ground that though it is a comprehensive policy or package policy no additional premium was paid to cover the pillion rider. The learned counsel has made available for perusal the policy and it would indicate that it is a package policy. By virtue of the clarificatory circular issued by the Insurance Regulatory Development Authority dated 16.11.2009, it has been clarified that the persons travelling in a two wheeler is covered under the terms and conditions of standard motor package policy. The clause therein came up for consideration before two Division Benches of this Court in the decision reported in New India Assurance Co. Ltd. v. Hydrose, (2009 (3) KLT 778) and Mathew v. Shaji Mathew, (2009 (3) KLT 813). After M.A.C.A.No.226 OF 2010 2 analysing the case, the Division Bench held that the terms and conditions of the policy cover the risk and no additional premium is necessary. Therefore, in the light of the clarificatory circular coupled with the Division Bench decisions, the Insurance Company is liable to pay and the award exonerating the Insurance Company from the liability is set aside and they are made liable. In the result, M.A.C.A is disposed of modifying the award by directing the Insurance Company to pay the amount awarded with interest from the date of petition till 12.11.07 and thereafter from 30.1.2010 till realisation. The respondents Insurance Company is directed to deposit the amount within a period of 60 days from the date of receipt of a copy of this judgment. M.N.KRISHNAN, JUDGE. mns