IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE A.K.BASHEER & THE HONOURABLE MR. JUSTICE P.Q.BARKATH ALI WEDNESDAY, THE 24TH NOVEMBER 2010 / 3RD AGRAHAYANA 1932 MACA.No. 1658 of 2007() ----------------------- OPMV.1769/2001 of MOTOR ACCIDENT CLAIMS TRIBUNAL, ALAPPUZHA .................... APPELLANTS/3RD RESPONDENT: ------------------------- NEW INDIA ASSURANCE COMPANY LIMITED, M.O.WARD, P.B. NO. 74, ALAPPUZHA,REPRESENTED BY ITS MANAGER. BY ADV. SRI.KKM.SHERIF RESPONDENTS: PETITIONERS 1 TO 3 AND RESPONDENTS 1 AND 2: ---------------------------------------------------------- 1. K.S.SUBHAGAN, KAYILPARAMBIL HOUSE, PALLATHURUTHY WARD, ALAPPUZHA. 2. GOPU AGED 15 YEARS,S/O..SUBHAGAN, MINOR REPRESENTED BY HIS FATHER .SUBHAGAN, KAYILPARAMBIL HOUSE, PALLATHURUTHY WARD, ALAPPUZHA. 3. GOKUL AGED 8 YEARS,S/O.SUBHAGAN, MINOR REPRESENTED BY HIS FATHER .SUBHAGAN, KAYILPARAMBIL HOUSE, PALLATHURUTHY WARD, ALAPPUZHA. 4. V.G.SHIBU,S/O.GOPALAN, VELLIYIL VEEDU,NORTH ARYAD P.O. ALAPPUZHA. 5. V.G.SAGIRMON,S/O.GOPALAN, VELLIYIL VEEDU,NORTH ARYAD P.O. ALAPPUZHA. ADV. SRI.K.RAMANATHAN FOR R1 TO 3 THIS MOTOR ACCiDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 24/11/2010, TiHE COURT ON THE SAME DAY PASSED THE FOLLOWING: A.K. Basheer & P.Q. Barkath Ali, JJ. - - - - - - - - - - - - - - - - - - - - - - - - - - - - MACA. 1658 of 2007-D - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 24th day of November, 2010 Judgment Basheer, J: Appellant-Insurance Company has preferred this appeal impugning the award passed by the Motor Accidents Claims Tribunal primarily on the ground that the Tribunal was not justified in directing the appellant to indemnify the owner of the offending vehicle, since the policy issued by the appellant did not cover the risk of a pillion rider. 2. However when the appeal is taken up for consideration it is fairly conceded by learned counsel for the appellant that in view of the clarification issued by the Insurance Regulatory Development Authority, a package policy will also cover the risk of a pillion rider. In that view of the matter the challenge raised by the appellant against the award cannot be sustained. The appeal fails and it is accordingly dismissed. A.K. Basheer Judge. P.Q. Barkath Ali Judge. an.