IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN MONDAY, THE 18TH JANUARY 2010 / 28TH POUSHA 1931 MACA.No. 841 of 2009() ---------------------- OPMV.825/2006 of MOTOR ACCIDENT CLAIMS TRIBUNAL, KOZHIKODE .................... APPELLANT(S): PETITIONER IN OPMV: ------------------------------------------------------------ ARUN RAJ K.P., S/O.RADHAKRISHNAN, KRISHNALAYAM, KUNNATHARA POST, PUTHANCHERY, KOZHIKODE. BY ADV. MR.AVM.SALAHUDDEEN RESPONDENT(S): RESPONDENTS IN OP(MV): -------------------------------------------------------------------- 1. K.T.ABRAHAM,S.B.I. BROADWAY BRANCH, ERNAKULAM. 2. THE NATIONAL INSURANCE COMPANY LTD, DIVISIONAL OFFICE, NOOR COMPLEX, MAVOOR ROAD, KOZHIKODE. R2 BY ADV. SMT.SARAH SALVY THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 18/01/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss M.N. KRISHNAN, J. = = = = = = = = = = = = = = M.A.C.A. NO. 841 OF 2009 = = = = = = = = = = = = = = = Dated this the 18th 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, Kozhikode in O.P.(MV)825/06. The claimant, a 21 year old young man sustained an abrasion on both knees and there was also partial loss of upper incisor and another abrasion on the left hand. I feel since there is a partial loss of upper incisor coupled with abrasions on other parts of the body I fix the compensation at Rs.5,000/- as a consolidated one. 2. The next question is regarding the coverage of the vehicle. It is seen from the award itself that the vehicle is covered by a package policy. The claimant is a pillion rider. By virtue of the Circular dated 16.11.2009 of the Insurance Regulatory and Development Authority, the 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 M.A.C.A. 841 OF 2009 -:2:- conditions of a package policy came 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 policy the insurance company is liable to pay the amount. Therefore the finding of the Tribunal that the insurance company is not liable is set aside and it is made liable. Therefore the MACA is disposed of by allowing the same as follows. 3. The claimant is awarded a total compensation of Rs.5,000/- with 7% interest on the said sum from the date of petition till realisation from respondents jointly and severally and the insurance company is directed to deposit the same within a period of sixty days from the date of receipt of a copy of the judgment. M.N. KRISHNAN, JUDGE. ul/-