IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN TUESDAY, THE 22ND JUNE 2010 / 1ST ASHADHA 1932 MACA.No. 68 of 2008() -------------------------------- OPMV.3129/1999 OF MOTOR ACCIDENT CLAIMS TRIBUNAL, ERNAKULAM .................... APPELLANT/2ND RESPONDENT ----------------------------------------------- THE NEW INDIA ASSURANCE CO.LTD., REGIONAL TOWERS, KANDAMKULATHY TOWERS, M.G.ROAD, ERNAKULAM, REPRESENTED BY ITS ADMINISTRATIVE OFFICER. BY ADV. SRI.VPK.PANICKER RESPONDENTS/1ST RESPONDENT & PETITIONERS ---------------------------------------------------------------------------- 1. P.L. GEORGE JOSEPH, S/O.P.V. LONAN, PUTHENPURACKAL HOUSE, CHERIA KADAVANTHRA, COCHIN - 20. 2. R. MADHUSOODHANAN NAIR, S/O.RAMAKRISHNAN NAIR, "KRISHNALAYAM", NORTH OF GUMENDHA CHURCH, PERUMPADAPPU, PALLURUTHY, COCHIN – 6. (DIED) 3. ESWARY M.NAIR, W/O.LATE R. MADHUSOODHANAN NAIR, RESIDING AT "KRISHNALAYAM". 4. DIVYA M.NAIR, D/O.LATE R. MADHUSOODHANAN NAIR, DO. DO. 5. DHILIP KUMAR, S/O.LATE R. MADHUSOODHANAN NAIR, DO. DO. R1 BY ADV. SRI.K.C.BINEESH. R3 BY SRI.MATHEWS JACOB, SENIOR ADVOCATE, ADV. SRI.P.JACOB MATHEW. THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 22/06/2010,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: MACA.No. 68 of 2008 ORDER ON I.A. NO.81/2008 IN MACA NO.68/2008 DISMISSED 22/06/2010. SD/- M.N.KRISHNAN, JUDGE //TRUE COPY// P.A. TO JUDGE rs. M.N. KRISHNAN, J. = = = = = = = = = = = = = = M.A.C.A. NO. 68 OF 2008 = = = = = = = = = = = = = = = Dated this the 22nd day of June, 2010. J U D G M E N T This appeal is preferred against the award of the Motor Accidents Claims Tribunal, Ernakulam in O.P.(MV)3129/99. The claimant, a pillion rider, sustained injuries in a road accident and the Tribunal awarded him a compensation of Rs.59,400/- and directed the New India Assurance Company to pay the amount. It is against that decision the insurance company has come up in appeal. 2. Heard the learned counsel for the appellant. A perusal of the award would reveal that the vehicle is covered by a comprehensive policy. By virtue of the clarificatory circular dated 16.11.2009 issued by the Insurance Regulatory and Development Authority the persons carried in a private vehicle and persons carried in a two wheeler are covered under the terms and conditions of Standard Motor Package Policy. Similarly, two Division Benches of this Court in the decisions reported in New India Assurance Co. Ltd. M.A.C.A. 68 OF 2008 -:2:- v. Hydrose (2008 (3) KLT 778) and Mathew v. Shaji Mathew (2009 (3) KLT 813) has laid down that the terms and conditions of the policy cover the risk of a pillion rider. Therefore by virtue of the clarificatory Circular as well as by virtue of the decisions referred to above, I cannot find fault with the Tribunal's decision making the insurance company liable. So the appeal lacks merit and the same is dismissed. M.N. KRISHNAN, JUDGE. ul/-