IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN FRIDAY, THE 29TH OCTOBER 2010 / 7TH KARTHIKA 1932 MACA.No. 656 of 2009(G) ------------------------------------ [O.P(MV).NO.1754/2004 OF MOTOR ACCIDENTS CLAIMS TRIBUNAL, MUVATTUPUZHA] .................... APPELLANT/PETITIONER: -------------------------------------- BENOY ALIYAS, S/O. ALIYAS, VALIYAKAROTTU HOUSE, KUTTAMPUZHA KARA, KUTTAMPUZHA VILLAGE, ERNAKULAM DISTRICT. BY ADVS. SMT.P.P.STELLA, SRI.BIJIMON C.CHERIAN. RESPONDENTS/RESPONDENTS: ----------------------------------------------- 1. SANTHOSH, S/O. SUKUMARAN, MADATHITARAYIL HOUSE, KUTTAMPUZHA KARA, KUTTAMPUZHA VILLAGE, ERNAKULAM DISTRICT. 2. VARKEY SKARIA, ARUMALIL HOUSE, NJAYAPPILLY.P.O., KOTHAMANGALAM, ERNAKULAM DISTRICT. 3. UNITED INDIA INSURANCE CO. LTD., REPRESENTED BY THE BRANCH MANAGER, KOTHAMANGALAM. R3 BY ADVS. SMT.D.GEETHA, SMT.K.SHERIN MOHAN. THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING COME UP FOR ADMISSION ON 29/10/2010,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: prv. M.N. KRISHNAN, J. ........................................... M.A.C.A.NO.656 OF 2009 ............................................. Dated this the 29th day of October, 2010. J U D G M E N T This is an appeal preferred against the award of the Claims Tribunal, Muvattupuzha in O.P.(MV)No.1754/2004. The claimant, a pillion rider, sustained injuries in a road accident and the Tribunal has awarded him a compensation of Rs.27,750/= with 8.5% interest and directed respondents 1 and 2 to satisfy the award and exonerated the insurance company from the liability. It is against the quantum as well as exoneration of liability of the insurance company, the appeal is preferred. 2. Heard the learned counsel for the appellant as well as the respondents. Let me first consider about exoneration of the liability. The learned counsel for the appellant had made available before me for perusal a certified copy of the policy involved in this case. It would show that it is a motor cycle/scooter package policy. 3. Now by virtue of a clarificatory circular issued by the Insurance Regulatory and Development Authority dated : 2 : M.A.C.A.NO.656 OF 2009 16.11.2009, it is clarified that passengers travelling in private vehicle and persons carried in two wheeler are covered under the terms and conditions of the standard motor package policy. Further, the clauses of these policies came up for consideration before the two Division Benches 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, the Division Benches held that by virtue of the terms and conditions of the policy, additional premium is not necessary and pillion rider can be covered. Therefore in the light of the clarificatory circular coupled with the judicial pronouncements, it has to be held that the insurance company is liable and therefore the finding exonerating the insurance company from the liability is set aside. 4. Now comes the quantum. The claimant is a 31 year old man claiming to be a driver by profession. A perusal of the award would reveal that he had sustained avulsion of the metatarsal bone, fracture and dislocation of MTP joints. K wire fixation was done and after discharge, BK slab was : 3 : M.A.C.A.NO.656 OF 2009 applied. He had expended a sum of Rs.9,393/= for the treatment. He was advised to take rest for 45 days. 4. Taking into consideration the fact that he was a driver by profession, who had sustained fractures on almost all the fingers, it is certain that he would have been deprived from work at least for a period of two to three months. Taking those aspects I am inclined to grant Rs.3,000/= more for actual loss of earnings. Certainly the avulsion fracture coupled with dislocation of all joints would have caused agonizing pain to the claimant and therefore, I enhance that compensation by Rs.2,500/= for pain and sufferings or in other words, the claimant will be entitled to an additional compensation of Rs.5,500/=. 5. In the result, the MACA is partly allowed and the claimant is awarded an additional compensation of Rs.5,500/=. The award exonerating the insurance company from the liability is set aside and the insurance company is made liable to pay the amount. The insurance company shall deposit the original award granted + Rs.5,500/= awarded as additional compensation with 8.5% interest on : 4 : M.A.C.A.NO.656 OF 2009 the said sum from the date of petition till realisation and it shall be deposited within a period of 60 days from the date of receipt of a copy of this judgment. It is made clear that the insurance company shall not be liable to pay interest from 24.1.2008 to 16.3.2009. Disposed of accordingly. M.N. KRISHNAN, JUDGE. cl : 5 : M.A.C.A.NO.656 OF 2009 M.N. KRISHNAN, J. ........................................... A.S.NO.389 OF 2001 ............................................. 8th day of October, 2010. J U D G M E N T