IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN WEDNESDAY, THE 16TH DECEMBER 2009 / 25TH AGRAHAYANA 1931 MACA.No. 2017 of 2009(F) ---------------------------- ( OP.(MV)228/2007 of M.A.C.T PALA.) ............................... APPELLANT(S): /4TH RESPONDENT -------------------------------------- THE NATIONAL INSURANCE CO.LTD., REPRESENTED BY ITS MANAGER, REGIONAL OFFICE, OMANA BUILDING, PADMA JUNCTION, KOCHI-35. BY ADV. SMT.RAJI T.BHASKAR RESPONDENT(S): PETITIONER & RESPONDENTS 1 TO 3 --------------------------------------------------------------- 1. KRISHNAKUMAR @ ASHOKAN, ASHOK BHAVAN, PULIYANNOOR VILLAGE, KEZHUVAMKULAM KARA, KOZHUVANAL. 2. P.A.BASHEER, S/O.ALIYAR, PUTHENPURACKAL HOUSE, PEROOR VILLAGE, THELLAKOM KARA, ADICHIRABHAGOM, KOTTAYAM DIST. 3. NAVAS MON, S/O.ABDUL KARIM, VALUTHOTTIYIL HOUSE, PEROOR VILLAGE, THELLAKOM KARA, ADICHIRABHAGOM, KOTTAYAM DIST. 4. P.B.RAJESH, THAZHATHUVEETTIL, MEVIDA KARA, MEENACHIL VILLAGE. THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 16/12/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: M.N. KRISHNAN, J. = = = = = = = = = = = = = = M.A.C.A. NO. 2017 OF 2009 = = = = = = = = = = = = = = = Dated this the 16th day of December, 2009. J U D G M E N T This appeal is preferred against the award of the Motor Accidents Claims Tribunal, Pala in O.P.(MV)228/07. The claimant, a pillion rider, sustained injuries in a road accident and the Tribunal awarded him a compensation of Rs.88,540/- and the insurance company is directed to pay the amount. Dissatisfied with the same the insurance company has come up in appeal. The contention of the insurance company is that no additional premium is paid and therefore the policy does not cover the risk of a pillion rider. Admittedly the vehicle is covered by a package policy which is marked as Ext.B1. The conditions of a package policy is extracted in the latest Circular issued by the Insurance Regulatory and Development Authority as follows. “death of or bodily injury to any person including occupants carried in the insured vehicle(provided such occupants are not carried for hire or reward) but except so M.A.C.A. 2017 OF 2009 -:2:- far as it is necessary to meet the requirements of Motor Vehicles Act, the Company shall not be liable where such death or injury arises out of and in the course of the employment of such person by the insured.” 2. It is made clear in the Circular that “The above Circular makes it clear that 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.” 3. So in the light of the Circular it has to be held that the pillion rider is also covered by a package policy. Further the said clause has come up before two Division Benches of this Court reported in New India Assurance Co. Ltd. v. Hydrose (2008 (3) KLT 778) and Mathew v. Shaji Mathew (2009 (3) KLT 813). On considering the entire clause both the Division Benches held that since the conditions of the policy cover the risk of a person carried in a motor vehicle other than for hire or reward by virtue of the M.A.C.A. 2017 OF 2009 -:3:- conditions of the policy no additional premium is necessary and therefore the insurance company is liable. So in the light of the Circular coupled with the authoritative pronouncements of this court it has to be held that the insurance company is liable. Therefore the award passed does not suffer from any infirmity and the same is dismissed. M.N. KRISHNAN, JUDGE. ul/-