IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN MONDAY, THE 6TH DECEMBER 2010 / 15TH AGRAHAYANA 1932 MACA.No. 3219 of 2009() ----------------------------------- OPMV.1962/2004 of MOTOR ACCIDENT CLAIMS TRIBUNAL, PERUMBAVOOR .................... APPELLANT(S): ORIGINAL PETITIONER ---------------------------------------------------------- SHAMSU.S/O. BEERAN, VAYALAKODU HOUSE, EAST VELIYATHUNADU, U.C.COLLEGE.P.O., ALUVA. BY ADVS. SRI.G.BALAMURALEEDHARAN (PARAVUR) SRI.N.T.NANDAKUMAR (PARAVUR) RESPONDENT(S): -------------------------- 1. KAREEM.V.V. S/O. VEERAN, VAYALAKKADU HOUSE, U.C.COLLEGE.P.O., ALUVA, EKM. DIST. 2. NADIRSHA.P.V., S/O. VEERAN, VAYALAKKADU HOUSE, U.C.COLLEGE.P.O, ALUVA, EKM. DIST. 3. ORIENTAL INSURANCE CO. LTD., BRANCH OFFICE, PATTAMANA BUILDINGS PUMP JUNCTION, ALUVA.P.O., EKM. DIST. R3 BY ADV. SRI.TITUS MANI THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 06/12/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: sts M.N.KRISHNAN, J -------------------------------- M.A.C.A.NO.3219 OF 2009 ---------------------------------------- Dated this the 6th day of December, 2010 JUDGMENT This is an appeal preferred against the award of the claims Tribunal, Perumbavur in OP(MV) No.1962 of 2004. The claimant has been awarded a compensation of Rs.30,630/- and the Insurance Company has been exonerated from the Tribunal. It is against that decision the claimant has come up in appeal. Heard the learned counsel for the appellants as well as the Insurance Company. The learned counsel for the Insurance Company had also made available for perusal a copy of the policy. It is also shows that it is a package policy. The trial Court did not direct the Insurance Company to make the payment on the ground that no additional premium is paid for covering the pillion rider. But the position has changed now. By virtue of clarificatory circular issued by the Insurance Regulatory and Development Authority dated 16-11-2009 persons carried in two wheeler covered by a package policy are covered under the terms and conditions of the policy. Further the conditions of these policies came up for consideration before two Division Benches of this Court, reported in 2008 (3) KLT 778 New India M.A.C.A.NO.3219 OF 2009 2 Assurance Co. Ltd., v Hydrose and 2009 (3) KLT 813 Mathew v Shaji Mathew. In both these decisions the Division Bench have held that the terms and conditions of the policy cover the risk of the pillion rider and no additional premium is necessary. In the light of the clarificatory circular coupled with the judicial pronouncement it has to be held that the Insurance Company has to be made liable. Therefore, the award under challenge so far as it relates to the exoneration of Insurance Company is set aside and it is made liable to pay the amount. It is made clear that the Insurance Company is not liable to pay the interest between the period of 22nd August, 2008 and 23rd December, 2009. The appeal is disposed of accordingly. M.N.KRISHNAN,JUDGE pm