IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN TUESDAY, THE 8TH DECEMBER 2009 / 17TH AGRAHAYANA 1931 MACA.No. 1512 of 2008() ------------------------------------- OPMV.821/2004 of MOTOR ACCIDENT CLAIMS TRIBUNAL, KOTTAYAM .................... APPELLANT(S): 3RD RESPONDENT ------------------------ NATIONAL INSURANCE COMPANY LTD, REP.BY ITS MANAGER, 3RD PARTY WING, OMANA BUILDING, PADMA JUNCTION, KOCHI-35. BY ADV. SMT.RAJI T.BHASKAR RESPONDENT(S): PETITIONER AND RESPONDENTS 1 & 2 RESPECTIVELY -------------------------- 1. P.V.SABU, S/O.VASU, PADATHARA HOUSE, KUMMMANAM P.O, KOTTAYAM. 2. VIJAY, S/O.GOPALAKRISHNAN, VIJAY BHAVAN, CHENGALAM VILLAGE, KUMARAKOM P.O, KOTTAYAM. 3. SANTHOSH P.JOY, PENATTUKALAPURAYIL HOUSE, UDUMBANNOOR P.O, THODUPUZHA. R3 BY ADVS.MR.SANTHOSH THOMAS KANDAMCHIRA, MR.GEORGE ZACHARIAH ERUTHICKEL. THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 08/12/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ORDER ON IA. NO.1791/2008 IN MACA NO.1512/2008 DISMISSED 08.12.2009 SD/- M.N.KRISHNAN, JUDGE TRUE COPY P.A. TO JUDGE tss M.N. KRISHNAN, J. = = = = = = = = = = = = = = M.A.C.A. NO. 1512 OF 2008 = = = = = = = = = = = = = = = Dated this the 8th day of December, 2009. J U D G M E N T This appeal is preferred against the award of the Motor Accidents Claims Tribunal, Kottayam in O.P.(MV)821/04. The claimant, a pillion rider sustained injuries in a road accident and the Tribunal awarded him a compensation of Rs.39,050/- and directed the insurance company to pay the amount on the ground that it is a package policy. It is against that decision the insurance company has come up in appeal. 2. The only point raised in the memorandum of appeal is to the effect that the status of a pillion rider is that of a gratuitous passenger and by virtue of the principles laid down in Tilak Singh's case [United India Insurance Co. Ltd. v. Tilak Singh)2006 (2) KLT 884(SC) unless additional premium is paid no compensation is to be paid by the insurance company. The said decision was rendered in a case where the policy was only an Act only policy. Now M.A.C.A. 1512 OF 2008 -:2:- admittedly in this case it is a package policy. Now the Insurance Regulatory and Development Authority by virtue of the Circular dated 16.11.2009 had made it clear that insurance company's liability in respect of occupants carried in a private car and pillion rider carried in a two wheeler is covered under the Standard Motor Package Policy. Further the clauses relied on i.e., “liability of the insurance company in respect of death or bodily injury to any person including occupants carried in the vehicle (provided such occupants are not carried for hire or reward) but except so far as it is necessary to meet the requirements of M.V.Act” had come up for consideration before two Division Benches of this Court in New India Assurance Co. Ltd. v. Hydrose (2008 (3) KLT 778) and Mathew v. Shaji Mathew (2009 (3) KLT 813). 3. The Division Benches after considering the entire matter held that by virtue of the terms and conditions of the policy the insurance company is liable to pay the amount. So in the light of the authoritative pronouncements of the M.A.C.A. 1512 OF 2008 -:3:- Division Benches coupled with the circular issued by the Insurance Regulatory Authority it has to be stated that the package policy also covers the risk of a pillion rider. Therefore the appeal does not merit consideration and therefore it is dismissed. M.N. KRISHNAN, JUDGE. ul/-