IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN TUESDAY, THE 23RD FEBRUARY 2010 / 4TH PHALGUNA 1931 MACA.No. 2357 of 2009() --------------------------------- OPMV.986/2004 of MOTOR ACCIDENT CLAIMS TRIBUNAL, KOZHIKODE ...................................... APPELLANT(S): PETITIONER ------------------------ VIJI.K.K,S/O.RAMAN,AGED 28 YEARS, RESIDING AT KANNACHAMKANDY HOUSE,P.O.NELLIKODE, KOZHIKODE DISTRICT. BY ADV. SRI.V.S.CHANDRASEKHARAN SMT.LEKSHMI SWAMINATHAN RESPONDENT(S): RESPONDENTS -------------------------- 1. JAYANARAYANAN,S/O.NARAYANAN NAMBIAR, AGE NOT KNOWN,RESIDING AT VAISHNAVAM,6/290, THAMBI ROAD,P.O.NORTH BEYPORE,KOZHIKODE. 2. ORIENTAL INSURANCE COMPANY LTD, KINGSWAY BUILDING,MAVOOR ROAD,KOZHIKODE. ADV. SRI.TITUS MANI FOR R2 SRI.K.PRAVEEN KUMAR FOR R1 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 23/02/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: sou. M.N. KRISHNAN, J. ------------------------------- M.A.C.A. No.2357 OF 2009 --------------------------------------- Dated this the 23rd day of February, 2010 J U D G M E N T This is an appeal preferred against the award of the Clams Tribunal, Kozhikode in OP(M.V).986/04. The claimant a 23 year old coolie sustained serious injuries in road accidet and the tribunal awarded him a compensation of Rs.39,500/- with 7% interest. It also exonerated the Insurance company from the liability. Therefore the claimant has come up in appeal challenging the quantum as well as liability of Insurance Company. 2. Heard the counsel for all sides. 3. Let me first consider about exoneration of the Insurance Company from the liability. The learned counsel for the insurance company on instruction submits that the vehicle is covered by a package policy. It is also seen so from para six of the award when it is a package policy. By virtue of a clarificatory circular issued by the Insurance Regulatory and Developmental Authority dated 16.11.2009, person traveling in a MACA.2357/09 2 private vehicle and persons carried in a two wheeler are covered under the terms and conditions of the Standard Motor Package Policy. Further the said contention have come up for consideration before the two Division Benches of this court. In the decision reported in 2008(3) KLT 778 and 2009 (3) KLT 813 ie., New India Assurance Company Vs. Hydrose and Mathew Vs. Shaji Mathew, the court held that the conditions cover the pillion rider. Therefore the Insurance Company cannot get exonerated from the liability and therefore it is made liable. 4. The second question is regarding enhancement of the compensation. The tribunal has itself recorded that medical bills are produced for 29,421/- . It also refers to about Rs.15,000/- as advance. The court does not enter into the finding whether this 29,421/- takes in the entire advance or not. Whatever it may be even accepting the same, claimant will be entitled to Rs.5,000/- as per the bills produced. Similarly on account of long period of hospitalisation for 20 days the claimant would not have been even in a position to work for three months. I enhance the compensation of Rs.1000/- making it a total additional compensation of Rs.6,000/-. It has also be stated that the MACA.2357/09 3 Tribunal has only awarded interest of 7%. The apex court held that interest can be awarded at 7.5 %. 5. In the result, MACA is disposed of as follows: Claimant is granted an additional compensation of Rs.6,000/- with 7.5 % interest on the said sum from the date of petition till realisation. The insurance company is made liable to pay this amount as well as he original award amount. It is further made clear that interest shall be at 7.5 % on the entire amount awarded. The Insurance Company shall deposit the amount within a period of 60 days from the date of receipt of a copy of this judgment. M.N. KRISHNAN, JUDGE sou.