IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN FRIDAY, THE 26TH MARCH 2010 / 5TH CHAITHRA 1932 MACA.No. 2350 of 2008() ------------------------------------ OPMV.1201/2001 of ADDL.MOTOR ACCIDENT CLAIMS TRIBUNAL, ERNAKULAM .................... APPELLANT/PETITIONER: ------------------------------------- T.V. PETER, AGED 46 YEARS, SON OF VARGHESE, THARAYIL HOUSE, KARAMA ROAD, ELAMAKKARA P.O., EDAPPALLY NORTH VILLAGE, ERNAKULAM DISTRICT, COCHIN 682 026 BY ADV. MR.ANIL S.RAJ, SMT.K.N.RAJANI, MR.RADHIKA RAJASEKHARAN P., SMT.MANJUSHA MOHANDAS, SMT.ANILA PETER. RESPONDENTS/RESPONDENTS:- ------------------------------------------------ 1. VACO JOSEPH, S/O. JOSEPH, MARATHIPARAMBIL HOUSE, KATHRIKADAVU, COCHIN 682 017. 2. JOSEPH MALIACKAL @ JAMES, S/O. THOMAS, MALIACKAL HOUSE, NEAR SAMIPPADY BUS STOP, ELAMAKKARA, COCHIN 682 026. 3. THE UNITED INDIA INSURANCE COMPANY LIMITED, BRANCH NO.III, HOSPITAL ROAD, ERNAKULAM, COCHIN 682 011. R3 BY ADV. MR.T.J.LAKSHMANAN IYER. THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 26/03/2010,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: rs. M.N. KRISHNAN, J. = = = = = = = = = = = = = = M.A.C.A. NO. 2350 OF 2008 = = = = = = = = = = = = = = = Dated this the 26th day of March, 2010. J U D G M E N T This appeal is preferred against the award of the Motor Accidents Claims Tribunal, Ernakulam in O.P.(MV)1201/01. The claimant, a pillion rider, sustained injuries in a road accident and the Tribunal has awarded a compensation of Rs.13,475/- and exonerated the insurance company from the liability on the ground that no additional premium is paid. It is against that decision the claimant has come up in appeal. 2. Heard the learned counsel for the appellant as well as the insurance company. The learned counsel for the appellant would contend before me that the policy is a comprehensive policy and by virtue of the Circular as well as the decisions of this Court the insurance company is bound to pay the amount. 3. On the other hand the insurance company would contend that the policy does not show that additional premium is paid for the coverage of a pillion rider and M.A.C.A. 2350 OF 2008 -:2:- therefore it is not liable to pay the amount. It is contended that the status of the pillion rider will be that of a gratuitous passenger and therefore extending the principles in Tilak Singh's case [United India Insurance Co. Ltd. v. Tilak Singh)2006 (2) KLT 884(SC) as additional premium is not paid the insurance company cannot be made liable. 4. I have considered both the contentions. I have also perused the policy. The vehicle number, the description of the vehicle, name of the owner and the period of policy are all in order and it is a comprehensive policy for which an additional premium of Rs.272/- is paid and for third party Rs.349/- is paid. So there cannot be any doubt that the policy is a comprehensive policy. 5. By virtue of the clarificatory circular issued by the Insurance Regulatory and Development Authority dated 16.11.2009 it has been clarified that the persons travelling in a private vehicle and persons carried in a two wheeler are covered by the terms and conditions of the standard motor package policy. The terms and conditions of a standard motor package policy was considered by two Division Benches of this Court in the decisions reported in New India M.A.C.A. 2350 OF 2008 -:3:- Assurance Co. Ltd. v. Hydrose (2008 (3) KLT 778) and Mathew v. Shaji Mathew (2009 (3) KLT 813). Both the Division Benches has held that by virtue of the terms and conditions of the policy the insurance company is liable to pay the amount and no additional premium is necessary. In the light of the clarificatory circular coupled with the decision of the Division Bench, as the policy is a comprehensive policy, the insurance company cannot be exonerated from the liability and therefore the finding of the Tribunal that the insurance company is not liable is set aside and it is made liable. 6. In the result the MACA is allowed and the award of the Tribunal exonerating 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 sixty days from the date of receipt of a copy of the judgment. M.N. KRISHNAN, JUDGE. ul/-