IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN THURSDAY, THE 25TH FEBRUARY 2010 / 6TH PHALGUNA 1931 MACA.No. 2683 of 2008(E) ---------------------------- OPMV.709/2003 of MOTOR ACCIDENT CLAIMS TRIBUNAL, PERUMBAVOOR .................... APPELLANT(S): PETITIONER ------------------------ ANAND.M.JOY (MINOR) S/O.JOY VARGHESE, MOOZHAYIL HOUSE, ALUVA REPRESENTED BY HIS MOTHER AND NEXT-FRIEND ANNIE JOY W/O.JOY VRGHESE, MOOZHAYIL HOUSE, ALUVA. BY ADV. SRI.K.A.SHAMSUDEEN SRI.K.I.ABDUL RASHEED RESPONDENT(S)/ RESPONDENTS : ----------------------------------------- 1. JOY VARGHESE, S/O M.O.VARGHESE, XII/108, OPPOSITE PWD DISTRICT STORE, ALUVA. 2. THE NEW INDIA ASSURANCE CO.LTD, KODAVATH SHOPPING COMPLEX, SUB-JAIL RAOD, ALUVA-683101. ADV. SRI.P.G.GANAPPAN FOR R2 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 25/02/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: M.N. KRISHNAN, J. = = = = = = = = = = = = = = M.A.C.A. NO. 2683 OF 2008 = = = = = = = = = = = = = = = Dated this the 25th day of February, 2010. J U D G M E N T This appeal is preferred against the award of the Motor Accidents Claims Tribunal, Perumbavoor in O.P.(MV)709/03. The claimant, a minor sustained injuries in a road accident and the Tribunal has awarded a compensation of Rs.38,150/- and exonerated the insurance company from the liability. Challenging the exoneration of the insurance company and dissatisfied with the quantum the claimant has come up in appeal. 2. Heard the learned counsel for the appellant as well as the insurance company. So far as the enhancement of compensation is concerned a perusal of the award would reveal that the claimant had sustained a fracture. He was treated as an inpatient from 24.3.03 to 2.4.2003. He had expended Rs.16,637 as medical expenses. The Tribunal has granted extremely reasonable compensation on all heads and therefore the quantum does not call for any interference. M.A.C.A. 2683 OF 2008 -:2:- 3. Then the next question is regarding the exoneration of the insurance company from the liability. Admittedly the vehicle is covered by a package policy. It is clarified by the Circular dated 16.11.2009 of the Insurance Regulatory and Development Authority 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 conditions of policy 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). On a consideration of the materials this Court held that the terms and conditions of the policy cover the risk of a pillion rider. Therefore by virtue of the clarificatory Circular as well as by virtue of the decisions referred to above it has to be held that the pillion rider is covered and therefore the insurance company cannot be exonerated from the liability. Therefore the MACA is partly allowed and the finding of the M.A.C.A. 2683 OF 2008 -:3:- Tribunal that the insurance company is to be exonerated from the liability is set aside and it is made liable. The insurance company is directed to deposit the said amount within a period of sixty days from the date of receipt of a copy of this judgment. M.N. KRISHNAN, JUDGE. ul/-