IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN MONDAY, THE 21ST DECEMBER 2009 / 30TH AGRAHAYANA 1931 MACA.No. 1046 of 2009() ----------------------- OPMV.642/2003 of MOTOR ACCIDENT CLAIMS TRIBUNAL, VADAKARA .................... APPELLANT(S): PETITIONER ------------------------ FAISAL, S/O.MOIDU, AGED 24 YEARS, VANNARATH HOUSE, MEMUNDA - 673 104. BY ADV. SRI.ZUBAIR PULIKKOOL RESPONDENT(S): RESPONDENTS -------------------------- 1. JIJESH, S/O.NANU, KOLADATHIL VEEDU, POST, PATHIYARAKKARA, (R.C.OWNER OF THE VEHICLE NO.KL-11/P-5001). 2. M.K.SATHYAN, S/O.ANDI, MULLAN KUNIYIL HOUSE, (MILLANKANDY) POST PATHIYARAKKARA, PIN - 673 111 D.L.NO.3617/87/DB (DRIVER OF THE VEHICLE NO.KL-11/P-5001). 3. NATIONAL INSURANCE CO.LTD., BRANCH OFFICE, P.B.NO.6 NARANGAPURAM, KEYIS SHOPPING COMPLEX, PIN - 670 101. CERTIFICATE NO.0489336, POLICY NO.574401/2001/6207719 (NEW) (INSURER OF THE VEHICLE NO.KL-11/P-5001) ADV. SRI.RAJAN P.KALIYATH B/O FOR R3 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 21/12/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: M.N. KRISHNAN, J. ........................................... M.A.C.A.No.1046 OF 2009 ............................................. Dated this the 21st day of December, 2009 J U D G M E N T This is an appeal preferred against the award of the Claims Tribunal, Vadakara in OP(MV)No.642/2003. The claimant, a pillion rider, sustained injuries in a road accident and the Tribunal has awarded him a compensation of Rs.33,000/=. The Tribunal accepted the contention of the insurance company regarding its liability and exonerated the insurance company from the liability. It is against that decision, the claimant has come up in appeal. 2. Admittedly the vehicle is covered by a package policy. The terms and conditions of the package policy cover the risk of persons carried in a motor vehicle other than for hire or reward. This clause came 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). In both these cases, the Division Benches had made it very clear that as the terms and conditions of the policy cover the risk of persons carried in : 2 : M.A.C.A.No.1046 OF 2009 a motor vehicle, no additional premium is necessary. Over and above this, by a circular dated 16.11.2009, the Insurance Regulatory and Development Authority had also clarified that the person carried in a motor cycle as a pillion rider is covered by the terms and conditions of the standard motor package policy. So, in the light of the above decisions and the clarificatory order, the insurance company is bound to pay the amount and therefore, exoneration of the insurance company from the liability is incorrect and is liable to be set aside and I do so. The insurance company is made liable. 3. In the result, the MACA is allowed and the award of the Tribunal exonerating the insurance company from the liability is set aside and it is made liable to pay the amount. The insurance company shall deposit the amount within a period of 60 days from the date of receipt of a copy of this judgment. Disposed of accordingly. M.N. KRISHNAN, JUDGE cl : 3 : M.A.C.A.No.1046 OF 2009