IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN TUESDAY, THE 15TH JUNE 2010 / 25TH JYAISTHA 1932 MACA.No. 3209 of 2009 --------------------------------- (O.P(MV).NO.140/2005 OF MOTOR ACCIDENT CLAIMS TRIBUNAL, KASARAGOD) .................... APPELLANT/RESPONDENT NO.2: ------------------------------------------------ K.S.SAJI, AGED 38 YEARS, S/O.K.V.SEBASTIAN,RESIDING AT KUTTUPALATH HOUSE, MAIKAYAM,MALAM VILLAGE,KONNAKKAD(P.O). BY ADV. SRI.P.BABU. RESPONDENTS/PETITIONERS/RESPONDENTS: -------------------------------------------------------------------- 1. PAPPACHAN @ JOHN,AGED 53 YEARS, S/O.MATHEW,RESIDING AT PLACKAL HOUSE,MAVULLAL, VELLARIKUNDU(P.O),BELAL VILLAGE,HOSDURG TALUK, KASARAGOD DISTRICT. 2. SABU,AGED ABOUT 40 YEARS, S/O.SEBASTIAN,RESIDING AT KATTUPALATH HOUSE, MAIKAYAM,KONNAKKAD(P.O). 3. THE BRANCH MANAGER,UNITED INDIA INSURANCE CO.LTD,KANHANGAD BRANCH.(P.O), KANHANGAD. R1 BY ADVS. SRI. P.K. PRIYAN, SRI.T.K.VIPINDAS. THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING COME UP FOR ADMISSION ON 15/06/2010,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: M.A.C.A. NO. 3209/2009-B: ORDER ON I.A. NO. 3906/2009 IN M.A.C.A. NO. 3209/2009-B CLOSED 15/06/2010. SD/- M.N.KRISHNAN, JUDGE. //TRUE COPY// P.A. TO JUDGE. Prv. M.N. KRISHNAN, J. ........................................... M.A.C.A.NO.3209 OF 2009 ............................................. Dated this the 15th day of June, 2010. J U D G M E N T This is an appeal preferred against the award of the Claims Tribunal, Kasaragod in OP(MV)No.140/2005. The claimant sustained injuries in a road accident and the Tribunal has awarded a compensation of Rs.29,500/= and directed the present appellant to pay the amount. It is against that decision, the appellant has come before this Court. 2. Heard the learned counsel for both sides. At the outset it has to be stated that the vehicle involved is a two wheeler. The learned counsel for the claimant had made available before me for perusal a copy of the policy relating to the vehicle for the period from 23.6.2003 to 22.6.2004. A perusal of the said policy reveals that the vehicle is covered by a package policy and it is in the name of Dr. K.S. Saji. 3. If the policy is a package policy, by virtue of a clarificatory circular issued by the Insurance Regulatory and Development Authority dated 16.11.2009 persons carried in a private vehicle and passengers carried in a : 2 : M.A.C.A.NO.3209 OF 2009 two wheeler are covered by the terms and conditions of the policy. When it is so, the insurance company is liable. Further, two Division Benches of this Court in the decisions reported in New India Assurance Co. Ltd. v. Hydrose (2008 (3) KLT 778) and in Mathew v. Shaji Mathew (2009 (3) KLT 813) considered the terms and conditions of the package policy and held that payment of additional premium is not necessary for wider coverage. Therefore in the light of the clarificatory circular coupled with the decisions of this Court, it has to be held that the insurance company is liable. 4. Therefore, appeal is allowed and I modify the award and make the insurance company liable for the amount. The insurance company shall deposit the amount within a period of 60 days from the date of receipt of a copy of this judgment. Disposed of accordingly. M.N. KRISHNAN, JUDGE. : 3 : M.A.C.A.NO.3209 OF 2009 cl : 4 : M.A.C.A.NO.3209 OF 2009