IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN TUESDAY, THE 8TH DECEMBER 2009 / 17TH AGRAHAYANA 1931 MACA.No. 287 of 2009() ----------------------------------- OPMV.593/2004 of MOTOR ACCIDENT CLAIMS TRIBUNAL, IRINJALAKUDA .................... APPELLANT(S): PETITIONER ----------------------- MUHAMMADALI, AGED 44 YEARS, S/O. KUNJUMOIDHU, PUZHAKKARA ILLATH HOUSE.P.O, CHAMAKKALA, CHENTHRAPINNI, TRICHUR DIST. BY ADVS. SMT.JEENA JOSEPH MR.G.D.PANICKER RESPONDENT(S): RESPONDENTS ------------------------- 1. THAJUDHEEN, PAZHAKKARA ILLATH HOUSE.P.O, CHAMAKKALA, CHENTHRAPINNI, TRICHUR DIST. 2. UNITED INDIA INSURANCE CO. LTD., PARK HOUSE, ROUND NORTH, TRICHUR DIST. R2 BY ADV. SMT.T.C.SOWMIAVATHY THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 08/12/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: tss M.N. KRISHNAN, J. ........................................... M.A.C.A.No.287 OF 2009 ............................................. Dated this the 8th day of December, 2009 J U D G M E N T This is an appeal preferred against the award of the Claims Tribunal, Irinjalakuda in OP(MV)No.593/2004. The claimant, a pillion rider, sustained injuries in a road accident and the Tribunal has awarded him a compensation of Rs.13,000/= and exonerated the insurance company from the liability. It is against that decision, the claimant has come up in appeal. 2. Let me first consider about the liability of the insurance company. Para7 of the award makes it clear that the vehicle is covered by a package policy. The Insurance Regulatory and Development Authority has issued a circular dated 16.11.2009 which makes it clear that the insured's liability in respect of occupants carried in a private car and a pillion rider carried in two wheeler is covered under the standard motor package policy. Therefore by virtue of this circular the contention that a package policy will not cover the risk of a pillion rider does not survive for determination. : 2 : M.A.C.A.No.287 OF 2009 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) considered the clause in Section II(1)(i) i.e., death or bodily injury to any person including occupants carried in motor vehicle provided such occupants are not carried for hire or reward but except so far it is necessary to meet the requirements of the motor vehicles Act. In both those cases, the Division Benches had taken the view that by virtue of the conditions of the policy, the insurance company is bound to pay the amount. 3. Therefore, I set aside the finding of the Tribunal and make the insurance company liable for the amount. Now the second question is regarding the quantum. The learned counsel would contend that the Tribunal has awarded an adequate compensation. A perusal of the award would reveal that the claimant had sustained fracture of the distal end of his right radius and he was treated in a hospital as inpatient for one day. He was aged 40 years and as a business man by profession, I feel the following compensation : 3 : M.A.C.A.No.287 OF 2009 can be awarded. 4. No medical expense was granted. He was treated in a private hospital and his hand was under plaster cast. I am inclined to grant Rs.1,000/= towards medical expenses. Considering the age of the person, I fix his monthly income at Rs.2,000/= and thereby grant Rs.1,000/= more towards loss of earnings. The Tribunal has only awarded him a compensation of Rs.2,000/= towards loss of amenities and enjoyment in life. Certainly the fracture would have caused temporary disability and loss of amenities and enjoyment in life and he would have been prevented from doing any work. Therefore taking into consideration all these aspects, I award Rs.3,000/= towards loss of amenities and enjoyment. Therefore the claimant will be entitled to an additional compensation of Rs.5,000/=. 5. In the result, the MACA is partly allowed and the claimant is awarded an additional compensation of Rs.5,000/= with 7% interest from the date of the petition till realisation and the respondent insurance company is directed to deposit the said amount as well as the amount : 4 : M.A.C.A.No.287 OF 2009 already awarded by the Tribunal for the reason that finding of the Tribunal that the insurance company is not liable is set aside. The insurance company is directed to 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 : 5 : M.A.C.A.No.287 OF 2009