IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR MONDAY, THE 7TH DECEMBER 2009 / 16TH AGRAHAYANA 1931 MACA.No. 2174 of 2008() ----------------------- O.P(MV.) 550/2006 of MOTOR ACCIDENT CLAIMS TRIBUNAL, PALA .................... APPELLANT/2ND RESPONDENT:- ------------------------------------ NATIONAL INSURANCE COMPANY LTD, REP.BY ITS MANAGER, 3RD PARTY WING, OMANA BUILDING, PADMA JUNCTION, KOCHI-35. BY ADV. MS. RAJI T.BHASKAR RESPONDENTS/PETITIONER AND 1ST RESPONDENT RESPECTIVELY:- ----------------------------------------------------------------------------- 1. LEELAMMA, EDACKATTU, PARATHODU.P.O. 2. JOSE GEORGE, EDACKATTU, PARATHODU.P.O. THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING COME UP FOR ADMISSION ON 07/12/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: M.N. KRISHNAN, J. ........................................... M.A.C.A.No.2174 OF 2008 ............................................. Dated this the 7th day of December, 2009 J U D G M E N T This is an appeal preferred against the award of the Claims Tribunal, Pala in OP(MV)No.550/2006. The claimant, a passenger in a private car, covered by a package policy sustained injuries in a road accident and the Tribunal has awarded him a compensation of Rs.29,500/= and directed the insurance company to pay the amount. Challenging that liability, the insurance company has come up in appeal. 2. It is seen that the vehicle involved in the accident is covered by a package policy which also includes the conditions which is shown as Section II(i) i.e, death or bodily injury to any person including occupants carried in the vehicle (provided such occupants are not carried for hire or reward) but except so far as it is necessary to meet the requirements of Motor Vehicles Act. This clause had come up for consideration before two Division Benches in the decision reported in New India Assurance Co. Ltd. V. Hydrose 2008 (3) KLT 778) and Mathew v. Shaji Mathew : 2 : M.A.C.A.No.2174 OF 2008 (2009 (3) KLT 813) and in both these decisions, the courts have taken the view that as the conditions undertake the coverage, no additional premium is necessary. Later the Insurance Regulatory and Development Authority by a circular dated 16.11.2009 also has clarified that the insured’s liability in respect of occupants carried in a private car and a pillion rider carried on two wheeler is covered . 3. So, in the light of the two decisions referred to above and the circular issued, it has to be held that the insurance company is bound to pay the amount. Therefore, nothing to interfere with the award. The appeal fails and it is dismissed. M.N. KRISHNAN, JUDGE cl