IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN FRIDAY, THE 8TH JANUARY 2010 / 18TH POUSHA 1931 MACA.No. 1274 of 2008() ----------------------- OPMV.450/2002 of MOTOR ACCIDENT CLAIMS TRIBUNAL, THRISSUR .................... APPELLANT/3RD RESPONDENT: ------------------------------------------------ THE NEW INDIA ASSURANCE COMPANY LTD., REPRESENTED BY THE ADMINISTRATIVE OFFICER, REGIONAL OFFICE, M.G.ROAD, KOCHI - 11. BY ADV. SMT.RAJI T.BHASKAR RESPONDENT(S): PETITIONER & RESPONDENTS 1 & 2 RESPECTIVELY: ----------------------------------------------------------------------------------------------------------- 1. MANIKANDAN K., S/O. KRISHNANKUTTY, KARUMATHIL HOUSE, P.O.KALLUR, THRISSUR. 2. SAJEEVAN N.M., S/O. MADHAVAN, NELLISSERY HOUSE, P.O.KALLUR, THRISSUR-680 317. 3. K.G.RAMESH, KOPPAKKATTIL HOUSE, P.O.KALLUR, THRISSUR. R2 & R3 BY ADV. MR.SHEJI P.ABRAHAM THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 08/01/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss ORDER ON I.A.NO.1523/2008 IN MACA NO.1274/2008 DISMISSED 8/01/2010 SD/- M.N.KRISHNAN, JUDGE /TRUE COPY/ P.A.TO JUDGE Kss M.N. KRISHNAN, J. = = = = = = = = = = = = = = M.A.C.A. NO. 1274 OF 2008 = = = = = = = = = = = = = = = Dated this the 8th day of January, 2010. J U D G M E N T This appeal is preferred against the award of the Motor Accidents Claims Tribunal, Thrissur in O.P.(MV)450/02. The claimant, a pillion rider sustained injuries in a road accident. The Tribunal found that though he was a pillion rider he is covered by the policy. It is fairly now well settled that the policy is a package policy. By virtue of the Circular dated 16.11.2009 of the Insurance Regulatory and Development Authority, it had made it clear that insurance company's liability in respect of occupants carried in a private car and pillion rider carried in a two wheeler is covered under the Standard Motor Package Policy. The said point has come up for consideration before two Division Benches of this Court in the decisions reported in New India Assurance Co. Ltd. v. Hydrose (2008 (3) KLT 778) and Mathew v. Shaji Mathew (2009 (3) KLT 813). In both these decisions the Court held that by virtue of the terms and conditions of the M.A.C.A. 1274 OF 2008 -:2:- policy the insurance company is liable to pay the amount. Therefore by virtue of the clarificatory Circular as well as by virtue of the decisions referred to above the insurance company is bound to indemnify. Therefore on that point the award does not require any interference. Hence the MACA is dismissed. M.N. KRISHNAN, JUDGE. ul/-