IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN MONDAY, THE 8TH MARCH 2010 / 17TH PHALGUNA 1931 MACA.No. 2691 of 2009() ----------------------- OPMV.63/2003 of MOTOR ACCIDENT CLAIMS TRIBUNAL, PERUMBAVOOR .................... APPELLANT(S): (PETITIONER IN O.P.(M.V) 63/03): ------------------------------------------------------------------------ K.P.RAHOOF, S/O.ASSU, AGED 24, PUTHUKUDY (H), MAKARY.P.O, PERALASSERY PANCHAYATH, KANNUR. BY ADVS. MR.GOPAKUMAR G. (ALUVA), SMT.ANUPAMA JOHNY. RESPONDENT(S): (RESPONDENT NO.3 IN O.P.(M.V) 63/03): --------------------------------------------------------------------------------------- NATIONAL INSURANCE CO.LTD., URUMBATH BUILDINGS, PUMP JUNCTION, ALUVA. BY ADV. MR.LAL GEORGE THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING COME UP FOR ADMISSION ON 08/03/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss M.N. KRISHNAN, J. ........................................... M.A.C.A.No.2691 OF 2009 ............................................. Dated this the 8th day of March, 2010. J U D G M E N T This appeal is preferred against the award of the Claims Tribunal, Perumbavoor in OP(MV) No.63/2003. The claimant was awarded a compensation of Rs.18,110/= with 7% interest per annum from the date of application till 30.6.2007 and thereafter at 7.5% per annum till realisation. The Tribunal exonerated the insurance company from the liability on the ground that the policy does not cover the risk of a pillion rider. 2. By virtue of a clarificatory circular issued by the Insurance Regulatory and Development Authority dated 16.11.2009, it is clarified that persons travelling 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 clause which is enshrined in the policy has come up for consideration before the Division Benches of this Court reported in New India Assurance Co. Ltd. v. Hydrose (2008 (3) KLT 778) and in Mathew v. Shaji : 2 : M.A.C.A.No.2691 OF 2009 Mathew (2009 (3) KLT 813). In both these decisions, the Division Benches held that terms and conditions of the policy cover the risk of pillion riders and therefore, no additional premium is necessary. 3. Therefore in the light of the clarificatory circular coupled with the rulings of this Court, it has to be held that the insurance company cannot get exonerated from the liability. 4. Therefore the finding of the tribunal exonerating the insurance company from the liability is set aside and it is made liable. It is also made clear that the claimant will not be entitled to any interest from 19.12.2007 till 27.10.2009. The insurance company is directed to deposit the amount awarded within a period of 60 days from the date of receipt of a copy of this judgment with the interest stipulated in the original award. Disposed of accordingly. M.N. KRISHNAN, JUDGE cl : 3 : M.A.C.A.No.2691 OF 2009 : 4 : M.A.C.A.No.2691 OF 2009