IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN WEDNESDAY, THE 20TH JANUARY 2010 / 30TH POUSHA 1931 MACA.No. 2145 of 2009() ------------------------------------ OPMV.2385/2002 of MOTOR ACCIDENT CLAIMS TRIBUNAL, ERNAKULAM .................... APPELLANT(S): PETITIONER ------------------------ JAYARAJ, S/O.GEORGE NADAR, KATTIPARAMBIL HOUSE, TRIPUNITHURA. BY ADVS.MR.A.K.SRINIVASAN MR.JIMMY GEORGE MR.A.S.BENOY MR.C.ANILKUMAR (KALLESSERIL) RESPONDENT(S): RESPONDENTS -------------------------- 1. P.K.SALAM, S/O.KUNJUPILLAI, PALLIPARAMBIL, KAKKANAD WEST P.O., COCHIN. 2. JOJO @ JOSEPH, S/O.VINCENT, PUTHENCHAKALAKAL, PONNURUNNI. 3. THE MANAGER, UNITED INDIA INSURANCE COMPANY LTD., COCHIN. R3 BY ADV. MR.P.SANKARANKUTTY NAIR THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 20/01/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: tss M.N. KRISHNAN, J. ........................................... M.A.C.A.No.2145 OF 2009 ............................................. Dated this the 20th day of January, 2010. J U D G M E N T This is an appeal preferred against the award of the Claims Tribunal, Ernakulam in OP(MV)No.2385/2002. The claimant, while travelling as a pillion rider, sustained injuries in a road accident and the Tribunal has awarded him a compensation of 50,500/=. He had challenged the award on the question of exoneration of the insurance company from the liability. 2. The learned counsel for the appellant had made available before me a copy of the policy which can be termed as a comprehensive/package policy. By virtue of the clarificatory circular issued by the Insurance Regulatory and Development Authority dated 16.11.2009 the passengers carried in a private vehicle and the persons travelling as pillion riders in two wheelers are covered by the standard motor package policy. Conditions of these type of policies came up for consideration before the two Division Benches of this Court in the decisions reported in New India : 2 : M.A.C.A.No.2145 OF 2009 Assurance Co. Ltd. v. Hydrose (2008 (3) KLT 778) and Mathew v. Shaji Mathew (2009 (3) KLT 813). In both these decisions this Court took the view that since the contract of insurance by virtue of the conditions covers the risk of the persons carried in a motor vehicle, no additional premium is necessary and therefore insurance company is liable. So, in the light of the clarificatory order and Division Bench rulings of this Court, it has to be held that the insurance company is liable. Therefore the finding of the Tribunal exonerating the insurance company from the liability is set aside and it is made liable. In the result, the MACA is partly allowed and the insurance company's exoneration is set aside and it is made liable. The insurance company is directed to deposit the said amount within a period of 60 days from the date of receipt of a copy of this judgment. M.N. KRISHNAN, JUDGE cl : 3 : M.A.C.A.No.2145 OF 2009