IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN WEDNESDAY, THE 13TH JANUARY 2010 / 23TH POUSHA 1931 MACA.No. 240 of 2009() ---------------------- OPMV.825/2005 of MOTOR ACCIDENT CLAIMS TRIBUNAL, ERNAKULAM .................... APPELLANT(S): PETITIONER: -------------------------------------------- NISHA ANTONY, AGED 31 YEARS, W/O.ANTONY PETER, PATHAZHAPURACKAL HOUSE, FORT VYPIN, VYPIN PO., ERNAKULAM. BY ADV. MR.K.V.RAJAN RESPONDENT(S): RESPONDENTS: ---------------------------------------------------- 1. ANTONY PETER, S/O.PETER, PATHAZHAPURACKAL HOUSE, FORT VYPIN , VYPIN, ERNAKULAM DISTRICT. 2. THE UNITED INDIA INSURANCE CO.LTD. SHARANYA, HOSPITAL ROAD, ERNAKULAM. R2 BY ADV. MR.N.S.MOHAMMED USMAN THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 13/01/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss M.N. KRISHNAN, J. ........................................... M.A.C.A.No.240 OF 2009 ............................................. Dated this the 13th day of January, 2010. J U D G M E N T This is an appeal preferred against the award of the Claims Tribunal, Ernakulam in OP(MV)No.825/2005. The contention is with respect to exoneration of the insurance company from the liability. It is seen that the insurance company had been exonerated on the ground that no additional premium is paid to cover the risk and as the claimant was a pillion rider. 2. It is submitted before me that the vehicle is covered by a package policy. By virtue of a circular dated 16.11.2009, the Insurance Regulatory and Development Authority had clarified that the risk of persons travelling in a private vehicle or in a two wheeler as pillion riders are covered by the terms and conditions of the standard package policy. Further the two Division Benches of this Court in the decision reported in New India Assurance Co. Ltd. v. Hydrose (2008 (3) KLT 778) and Mathew v. Shaji Mathew(2009 (3) KLT 813) had considered the clause : 2 : M.A.C.A.No.240 OF 2009 relating to risk of persons in respect of death or bodily injury to persons carried in a motor vehicle other than for hire or reward. Both the Division Benches held that the terms and conditions of the policy cover the risk of such persons and no additional premium is necessary. 3. Therefore in the light of these two decisions coupled with the clarificatory circular, it has to be held that the insurance company is held liable. The finding of exoneration of the liability is set aside and the insurance company is made liable. In the result, the MACA is allowed and exoneration of insurance company from the liability is set aside and the insurance company is made liable. The insurance company is directed to pay the amount within a period of 60 days from the date of receipt of a copy of this judgment. M.N. KRISHNAN, JUDGE cl : 3 : M.A.C.A.No.240 OF 2009