IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR MONDAY, THE 15TH JUNE 2009 / 25TH JYAISHTA 1931 MACA.No. 1066 of 2009() ----------------------- O.P. (M.V) NO.1073/2005 of MOTOR ACCIDENT CLAIMS TRIBUNAL, THODUPUZHA .................... APPELLANT/ADDL.3RD RESPONDENT:- ----------------------------------------- THE NATIONAL INSUANCE CO.LTD., THODUPUZHA, REP.BY ITS DEPUTY MANAGER, REGIONAL OFFICE, 2ND FLOOR, OMANA BUILDING, M.G.ROAD, KOCHI-35. BY ADV. MR. GEORGE CHERIAN (THIRUVALLA) RESPONDENTS/ CLAIMANT/RESPONDENTS/RESPONDENT & ADDL.R4:- ----------------------------------------------------------------------------- 1. JIJO PAUL,S/O.PYELI, PERAPARAMBIL HOUSE, MEENMUTTY KARA,KARIKODE VILLAGE. 2. SHIJI JOSEPH,THANNICKAL HOUSE, ALAKODE VILLAGE, ALAKODE KARA. 3. SIBI,S/O.JOSE,VENGACHUVATTIL HOUSE, MEENMUTTY KARA,KARIKODE VILLAGE. THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING COME UP FOR ADMISSION ON 15/06/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V. RAMKUMAR , J. ========================== M.A.C.A. No. 1066 of 2009 ========================== Dated this the 15th day of June, 2009. JUDGMENT In this appeal at the instance of the insurer in respect of a motorcycle, the appellant challenges the award dated 14.01.2009 in O.P. (M.V.) No. 1073 of 2005 on the file of the M.A.C.T., Thodupuzha. The claimant was a pillion rider on the motorcycle. Ext.B1 is the insurance policy which was a comprehensive package policy. The Tribunal awarded a sum of Rs.41,200/- for the injuries sustained by the claimant. His injuries consisted of:- 1.fracture of right clavicle 2. abrasions on right side of face, right side of frontal region, left wrist and hand, nose and on both knees. He was in the hospital for 9 days. Having regard to the injuries sustained, the duration of treatment and the treatment expenses etc., the award passed by the Tribunal cannot be said to be excessive. 2. The appellant would contend that reliance placed by the Tribunal on endorsement No.22 in Ext.B1 policy does not cover a M.A.C.A. No. 1066/2009 : 2 : claimant like a pillion rider. Of course, advertence to endorsement No. 22 in the policy was not justified. But taking the policy as a whole, it is a comprehensive policy which was sufficient to cover the pillion rider. Hence, for different reasons the conclusion reached by the Tribunal directing the appellant to indemnify the insured is hereby endorsed. No other question arises for consideration in this appeal. This appeal is accordingly dismissed in limine. Dated this the 15th day of June, 2009. V. RAMKUMAR, JUDGE. rv M.A.C.A. No. 1066/2009 : 3 :