IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN THURSDAY, THE 10TH DECEMBER 2009 / 19TH AGRAHAYANA 1931 MACA.No. 2957 of 2008(D) --------------------------- OPMV.1141/2002 of MOTOR ACCIDENT CLAIMS TRIBUNAL, ALAPPUZHA .................... APPELLANT(S): 3RD RESPONDENT ----------------------------------- NATIONAL INSURANCE COMPANY LTD., REP. BY ITS MANAGER, REGIONAL OFFICE, 3RD PARTY WING, OMANA BUILDING, PADMA JUNCTION, KOCHI-35. BY ADV. SMT.RAJI T.BHASKAR RESPONDENT(S): PETITIONER & RESPONDENTS 1 & 2 RESPECTIVELY ------------------------------------------------------------------------------ 1. JACOB @ BENNY, S/O.WILSON, KOCHIKKARAN VEEDU, CHETTIKKAD, PATHIRAPPALLY P.O., ALAPPUZHA. 2. BIJUMON, THAITHARA, PUNNAPRA NORTH, ALAPPUZHA. 3. JOHN WILSON, KOCHIKKARAN VEETTIL, NEW POOMKAVU JUNCTION, CHETTIKKADU, ALAPPUZHA. THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 10/12/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: M.N. KRISHNAN, J. = = = = = = = = = = = = = = M.A.C.A. NO. 2957 OF 2008 = = = = = = = = = = = = = = = Dated this the 10th 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, Alappuzha in O.P.(MV)1141/02. The claimant, a pillion rider, sustained injuries in a road accident and the Tribunal awarded him a compensation of Rs.43,000/-. The insurance company contended that since no additional premium is collected it is not liable to pay the amount. The Tribunal found that Ext.B1 policy is a comprehensive policy and therefore it is liable to pay the amount. It is against that decision the insurance company has come up in appeal. 2. Ext.B1 policy is a comprehensive policy containing the usual clause as clause II(i) which reads 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 far as it is necessary to meet the M.A.C.A. 2957 OF 2008 -:2:- 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.” 3. This clause has cop me up for consideration before two Division Benches of this Court 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 conditions of the policy no additional premium is necessary and therefore the insurance company is liable. Now the Insurance Regulatory and Development Authority had also issued a circular on 16.11.2009 after considering the terms and conditions of the policy. It is stated 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 M.A.C.A. 2957 OF 2008 -:3:- wheeler is covered under the Standard Motor Package Policy. Therefore in the light of these two decisions referred to above and the Circular issued by the competent authority the policy being a comprehensive/package policy, the insurance company cannot get exonerated from the liability with respect to a pillion rider carried in a motor vehicle. Therefore the contention of the insurance company cannot be accepted and therefore the appeal lacks merit and the same is dismissed. M.N. KRISHNAN, JUDGE. ul/-