IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN MONDAY, THE 22ND FEBRUARY 2010 / 3RD PHALGUNA 1931 MACA.No. 47 of 2010() --------------------- OPMV.1433/2003 of MOTOR ACCIDENT CLAIMS TRIBUNAL, NORTH PARAVUR .................... APPELLANT(S): ORIGINAL PETITIONER: ----------------------------------------------------------- JAISON JAMES, S/O.JAMES, AKKANATH HOUSE, NEDUNGAD, NAYARAMBALAM.P.O, KOCHI TALUK, ERNAKULAM DISTRICT. BY ADVS. MR.G.BALAMURALEEDHARAN (PARAVUR), MR.N.T.NANDAKUMAR (PARAVUR). RESPONDENT(S): ORIGINAL 1ST TO 6TH RESPONDENTS: -------------------------------------------------------------------------------------- 1. MANIAMKOT PAUL ANTO (DIED), MANIAMKOT HOUSE, KUMBALAM.P.O, ERNAKULAM DISTRICT. 2. NOBY XAVIER, S/O.XAVIER, VADASSERY HOUSE, NEDUNGAD, NAYARAMBALAM.P.O, KOCHI TALUK, ERNAKULAM DISTRICT. 3. ORIENTAL INSURANCE CO.LTD., BRANCH OFFICE II, JEWEL ARCADE, LAYAM ROAD, COCHIN-11, ERNAKULAM DISTRICT. 4. HONEY GEORGE, D/O.PAUL ANTO, AKKANATH HOUSE, NEDUNGAD, NAYARAMBALAM.P.O. 5. JOHN ANTONY, S/O.PAUL ANTO, MANIAMKOT HOUSE, KUMBALAM.P.O, KOCHI-06, ERNAKULAM DISTRICT. 6. SANTHAMMA JAYAN, D/O.PAUL ANTO, AKKAT HOUSE, (CHAMMANIKODATH), PULINCHUVADU, ALUVA-01, ERNAKULAM DISTRICT. R3 BY MR.MATHEWS JACOB, SENIOR ADVOCATE, BY ADV.MR.P.JACOB MATHEW. THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING COME UP FOR ADMISSION ON 22/02/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss M.N. KRISHNAN, J. = = = = = = = = = = = = = = M.A.C.A. NO. 47 OF 2010 = = = = = = = = = = = = = = = Dated this the 22nd day of February, 2010. J U D G M E N T This appeal is preferred against the award of the Motor Accidents Claims Tribunal, North Paravur in O.P.(MV) 1433/03. The claimant was a pillion rider in a two wheeler and the Tribunal has awarded a compensation of Rs.19,000/- and exonerated the insurance company from the liability on the ground that the policy does not cover the risk of a pillion rider. The learned Tribunal also referred to various decisions to come to that conclusion. Now the position is well settled. First of all by virtue of the Circular dated 16.11.2009 of the Insurance Regulatory and Development Authority, it 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. The said point has come up for consideration before two Division Benches of this Court in the decisions reported in New India M.A.C.A. 47 OF 2010 -:2:- Assurance Co. Ltd. v. Hydrose (2008 (3) KLT 778) and Mathew v. Shaji Mathew (2009 (3) KLT 813). In both these decisions the Court held that by virtue of the terms and conditions of the policy the insurance company is liable to pay the amount. Therefore by virtue of the clarificatory Circular as well as by virtue of the decisions referred to above the insurance company is bound to indemnify. Therefore the finding of the Tribunal that the insurance company is to be exonerated from the liability is set aside and it is made liable and the appeal is allowed to that extent. The insurance company is directed to deposit the award amount within a period of sixty days from the date of receipt of a copy of this judgment. M.N. KRISHNAN, JUDGE. ul/-