IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN THURSDAY, THE 7TH JANUARY 2010 / 17TH POUSHA 1931 MACA.No. 1780 of 2009 --------------------------- OPMV.1500/2003 of MOTOR ACCIDENTS CLAIMS TRIBUNAL, MANJERI .................... APPELLANT/PETITIONER: ----------------------------- ABDUL MUNEER ALIAS MUNEER MANAKKOTTU, S/O. KUNHIMOHAMMED, KARIMPANAKOTT HOUSE, PULLARA, VALLUVAMBROM, ERNAD TALUK, MALAPPURAM DISTRICT. BY MR.BABU S. NAIR, ADVOCATE. RESPONDENTS/RESPONDENTS: ------------------------------------ 1. K.P. ABDUL SAMAD S/O. BEERANKUTTY, PUTHANPARAMBIL HOUSE, POOKKOTTUR AMSOM, PULLARA, MOOCHIKKAL, ERNAD TALUK, MALAPPURAM DISTRICT. 2. K.T.YOONUS, S/O. MOOSSAN HAJI, KALATHINGALTHODI HOUSE, PULLARA, VALLUVAMBROM, ERNAD TALUK, MALAPPURAM DISTRICT. 3. THE NATIONAL INSURANCE CO.LTD., KORAMBAYIL ARCADE, PANDIKKAD ROAD, MANJERI. BY MR.E.M.JOSEPH, ADVOCATE, FOR R3. THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 07/01/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: M.N.KRISHNAN,J ============================= M.A.C.A.No.1780 of 2009 ============================= Dated this the 7th day of January, 2010 JUDGMENT This is an appeal preferred against the award of the Claims Tribunal, Manjeri in O.P.(M.V.)No.1500/2003. The claimant, a 29 year old man, sustained injuries in a road accident and the Tribunal has awarded him a compensation of Rs.59,700/-(Rupees fifty nine thousand and seven hundred only). The tribunal exonerated the Insurance Company from the liability on the ground that though the policy is a 'B' Policy additional premium is not paid company is liable to be exonerated. It is for the purpose of enhancement as well as on the exoneration of the liability of the Insurance Company the appeal is preferred. 2. Heard the learned counsel for the appellant as well as the Insurance Company. A perusal of the award would reveal that Ext.B1 is a 'B' policy which is comprehensive or package policy. So far as package policies are concerned, the Insurance Regulatory and Development Authority had issued a circular dated 16.11.2009 wherein it is stated “ the above circulars make it clear that the insured's liability in respect of the occupant(s) M.A.C.A.No.1780/2009 2 carried in a Private Car and Pillion Rider carried on Two- Wheeler is covered under the Standard Motor Package Policy.” In the light of the same, the Insurance company is bound to pay the amount to the claimant. Further when the person who is covered by a comprehensive policy there is a condition attached the policy whereby in respect of death or bodily injury to any person including occupant(s) carried in the vehicle other than the hire or reward the Insurance Company had undertaken to cover the risk. This clause came up for consideration two Division Bench of this Court in New India Assurance Company Ltd. v. Hydrose (2008 (3) KLT 778) and Mathew v. Shaji Mathew (2009 (3) KLT 813). In both these cases the Division Benches held that by virtue of the condition of the policy the Insurance Company is bound to pay. Therefore, in the light of the authoritative pronouncement coupled with a clarification, I set aside the order of the tribunal exonerating the Insurance Company from the liability and makes the Insurance Company liable. 3. The next question is on the quantum. The Tribunal has awarded a reasonable amount on almost all heads, but did not grant any award for loss of amenities and enjoyment. I feel that as the claimant had sustained 9% disability which is M.A.C.A.No.1780/2009 3 indicative of the long process of treatment he had undergone. I feel an amount of rupees at least 2,000/-(Rupees two thousand only) has to be increased towards the compensation for pain and sufferings. Similarly, for loss of amenities and enjoyment an amount of Rs.6,000/-(Rupees six thousand only) has to be awarded over and above the disability compensation. Therefore, the appellant is entitled to an additional compensation of Rs.8,000/-(Rupees eight thousand only). In the result, the M.A.C.A is partly allowed and a revised award is passed. The claimant is awarded a compensation of Rs.67,700/-(Rupees sixty seven thousand and seven hundred only) with interest at the rate of 7% per annum from the date of petition till 24.09.2007 and from 27.07.2009 till realisation from the respondent jointly and severally. The third respondent Insurance Company is directed to deposit the said amount within a period of 60 days from the date of receipt of a copy of the judgment. M.N.KRISHNAN, JUDGE dvs