IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE A.K.BASHEER & THE HONOURABLE MR. JUSTICE P.Q.BARKATH ALI FRIDAY, THE 19TH NOVEMBER 2010 / 28TH KARTHIKA 1932 MACA.No. 1601 of 2008() ----------------------- OPMV.320/2003 of MOTOR ACCIDENT CLAIMS TRIBUNAL, N.PARAVUR .................... APPELLANT: 3RD RESPONDENT -------------- THE NATIONAL INSURANCE CO.LTD, THRISSUR, REP.BY THE ASST.MANAGER, KOCHI REGIONAL OFFICE, M.G.ROAD, COCHIN -35. BY ADV. SRI.E.M.JOSEPH RESPONDENT(S): CLAIMANTS ------------------------ 1. K.P.GOPALA PODUVAL, AGED 67, S/O.KUMARAN NAIR, KODIYAM HOUSE, N.PARAVUR, ERNAKULAM DIST. 2. C.N.BALAKRISHNAN, S/O.NARAYANAN, CHEMMANGATTIL VALAPPIL HOUSE, PUZHAKKAL.P.O, THRISSUR. 3. SHAJU, S/O.KESAVAN, VECHILI HOUSE, LALOOR.P.O, ARANATTUKARA, THRISSUR. ADV. SRI.G.BALAMURALEEDHARAN (PARAVUR) FOR R1 SRI.MATHEWS V.JACOB (PARAVUR) FOR R1 SRI.N.T.NANDAKUMAR (PARAVUR) FOR R1 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 19/11/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K. BASHEER & P.Q. BARKATH ALI, JJ. ---------------------------------------------------------- M.A.C.A.No.1601 OF 2008 --------------------------------------------------------- Dated this the 19th day of November, 2010 JUDGMENT Basheer, J. The only question that arises for consideration in this appeal is whether the Tribunal was justified in exonerating the Insurance Company from the liability to indemnify the owner of the vehicle. It is true that the Tribunal, nevertheless, gave liberty to the appellant/Insurance Company to recover the amount of compensation from the owner after satisfying the award . The above view was taken by the Tribunal noticing the fact that a “Package Policy” did not cover the risk of a passenger in a private car since no additional premium was paid. However, the issue is no more res integra since it has been clarified by the Insurance Regulatory Authority that a passenger in a private car also will be entitled to compensation, if the vehicle is covered under a Package Policy. 2. Learned counsel for the appellant fairly concedes that in view of the clarification issued by the Authority, the appellant will be MACA.No.1601/2008 2 liable to indemnify the owner. It is brought to our notice that the appellant has already deposited part of the amount awarded by the Tribunal. Learned counsel submits that the balance amount will also be deposited without any further delay. 3. In that view of the matter, the impugned award is modified and it is held that the entire liability to pay compensation to the claimant shall be cast on the appellant/Insurance Company. The appeal is disposed of in the above terms. A.K. BASHEER, JUDGE P.Q. BARKATH ALI, JUDGE sv MACA.No.1601/2008 2 MACA.No.1601/2008 2