IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN THURSDAY, THE 11TH MARCH 2010 / 20TH PHALGUNA 1931 MACA.No. 2651 of 2008() ----------------------- OPMV.38/2004 of MOTOR ACCIDENT CLAIMS TRIBUNAL, IRINJALAKUDA .................... APPELLANT(S): PETITIONER: --------------------------------------------- SURESH, AGED 38 YEARS, S/O.VELAYUDHAN, MULLASSERY (H), P.O.P.VEMBALLUR. BY ADVS. SMT.JEENA JOSEPH, MR.G.D.PANICKER. RESPONDENT(S): RESPONDENTS: ---------------------------------------------------- 1. SAJITH, S/O.GOPALAN, CHATHANKULAM (H),P.O.KOOLIMUTTAM. 2. ORIENTAL INSURANCE CO.LTD., BRANCH OFFICE, NORTH NADA, KODUNGALLUR. R2 BY ADV. MR.V.P.K.PANICKER THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 11/03/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss M.N. KRISHNAN, J. ........................................... M.A.C.A.No.2651 OF 2008 ............................................. Dated this the 11th day of March, 2010. J U D G M E N T This appeal is preferred against the award of the Claims Tribunal, Irinjalakuda in OP(MV)No.38/2004. The claimant, a pillion rider, sustained injuries in a road accident and the tribunal has awarded him a compensation of Rs.44,000/= to be paid by the first respondent in the original petition. It is against that decision, the claimant has come up in appeal for enhancement as well as challenging exoneration of liability of the insurance company. 2. So far as the quantum of compensation is concerned, the tribunal has reasonably granted a good compensation, but I feel that the tribunal did not correctly read the audiogram report which shows that there is hearing loss on the right ear. Whether it is on account of the injury sustained etc are not established but the fact remains that immediately after the accident the claimant had sustained a head injury and there was bleeding through both the ears. So, I am inclined to enhance the compensation for pain and : 2 : M.A.C.A.No.2651 OF 2008 sufferings by Rs.3,000/= in this case. 3. The next question is regarding exoneration of liability of the insurance company. The vehicle is covered by a package policy. By virtue of the clarificatory circular issued by the Insurance Regulatory and Development Authority dated 16.11.2009 the passengers carried in a private vehicle and pillion rider carried in a two wheeler are covered by the terms and conditions of the standard motor package policy. The conditions embodied in the package policy are considered by the two Division Bench decisions of this Court reported in New India Assurance Co. Ltd. v. Hydrose (2008 (3) KLT 778) and in Mathew v. Shaji Mathew (2009 (3) KLT 813). In both these decisions, this Court has held that conditions of the policy will cover the risk of the pillion rider as well. Therefore by virtue of the clarificatory circular and the decisions of this Court, it has to be held that the insurance company is liable to pay the amount. Therefore exoneration of the insurance company from the liability is set aside and it is made liable. 4. In the result, the MACA is partly allowed and the : 3 : M.A.C.A.No.2651 OF 2008 claimant is awarded an additional compensation of Rs.3,000/= with 7% interest. The insurance company is directed to deposit the additional compensation as well as the compensation awarded by the tribunal within a period of 60 days from the date of receipt of a copy of this judgment. Disposed of accordingly. M.N. KRISHNAN, JUDGE cl : 4 : M.A.C.A.No.2651 OF 2008