IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN FRIDAY, THE 8TH JANUARY 2010 / 18TH POUSHA 1931 MACA.No. 1965 of 2008() ----------------------- OPMV.1089/2005 of MOTOR ACCIDENT CLAIMS TRIBUNAL, PALA .................... APPELLANT(S): APPELLANT 3RD RESPONDENT: ------------------------------------------------------------------------- THE ORIENTAL INSURANCE COMPANY LIMITED, KOTTAYAM NOW REPRESENTED BY ITS ASSISTANT MANAGER, REGIONAL OFFICE, METRO PALACE, KOCHI - 18. BY ADV. MR.JACOB MATHEW RESPONDENT(S): PETITIONER AND RESPONDENTS 1 & 2: --------------------------------------------------------------------------------------- 1. RUPESH ABRAHAM, KANIYAMKUZHY HOUSE, KADUKKA CITY, ANAKKARA, NOW RESIDING AT MALIECKAL HOUSE, PALA P.O. 2. BINIL K.JOHN, S/O. JOHN, KAKKANATTU HOUSE, ULLAYAM KARA, VAZHOOR P.O., KOTTAYAM DISTRICT. 3. JOHN VARGHESE (K.V.JOHN), KAKKANATTU HOUSE, CHERUVALLY P.O., ULLAYAM, VAZHOOR, KOTTAYAM DISTRICT. THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 08/01/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss ORDER ON I.A.NO.2342/2008 IN MACA.NO.1965/2008 DISMISSED 8/01/2010 SD/- M.N.KRISHNAN, JUDGE /TRUE COPY/ P.A.TO JUDGE Kss M.N. KRISHNAN, J. = = = = = = = = = = = = = = M.A.C.A. NO. 1965 OF 2008 = = = = = = = = = = = = = = = Dated this the 8th day of January, 2010. J U D G M E N T This appeal is preferred by the insurance company against the award of the Motor Accidents Claims Tribunal, Pala in O.P.(MV)1089/05. The claimant, a pillion rider, sustained injuries in a road accident and the Tribunal has awarded a compensation of Rs.15,250/-. Considering the fact that the policy issued is a package policy the Tribunal directed the compensation to be paid by the insurance company. It is against that decision, the insurance company has come up in appeal. It is admitted that the policy is a package policy. By virtue of the Circular dated 16.11.2009 of the Insurance Regulatory and Development Authority, it had made it clear 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 said point has come up for consideration before two M.A.C.A. 1965 OF 2008 -:2:- 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 by virtue of the clarificatory Circular as well as by virtue of the decisions referred to above the insurance company is bound to indemnify. Therefore the appeal does not merit consideration and therefore it is dismissed. M.N. KRISHNAN, JUDGE. ul/-