IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN TUESDAY, THE 6TH JULY 2010 / 15TH ASHADHA 1932 MACA.No. 2897 of 2008() -------------------------------------- OPMV.1316/2001 of MOTOR ACCIDENT CLAIMS TRIBUNAL, ERNAKULAM .................... APPELLANT(S): PETITIONER ------------------------ BINCY P.B., AGED 39 YEARS, W/O.K.N.RAMARAJAN, KANAKKANCHERIL HOUSE, EZHAKKARANADU SOUTH P.O., MANEED VILLAGE, PUTHENCRUZ, ERNAKULAM DISTRICT. BY ADV. SRI.ANIL S.RAJ SMT.K.N.RAJANI SRI.RADHIKA RAJASEKHARAN P. SMT.MANJUSHA MOHANDAS SMT.ANILA PETER RESPONDENT(S): RESPONDENTS -------------------------- 1. K.R.MOHANAN, S/O.RAMAKRISHNAN NAIR, KANAKKANCHERI HOUSE, EZHAKKARANADU SOUTH P.O MANEED PANCHAYATH, MUVATTUPUZHA. 2. K.R.MANIDAS, S/O.RAMAKRISHNAN NAIR, KANAKKANCHERIL HOUSE, EZHAKKARANADU SOUTH P.O., MANEED VILLAGE, MUVATTUPUZHA. 3. THE NATIONAL INSURANCE COMPANY LIMITED, STATUE JUNCTION, TRIPUNITHURA. R3 BY ADV. SRI.P.JAYASANKAR THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 06/07/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: tss M.N. KRISHNAN, J. ........................................... M.A.C.A.NO.2897 OF 2008 ............................................. Dated this the 6th day of July, 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.1316/2001. The claimant was a pillion rider to a two wheeler and she had been awarded a compensation of Rs.54,386/- and the insurance company has been exonerated from the liability. The learned Tribunal exonerated the insurance company on the ground that no additional premium has been paid to pay the coverage of the pillion rider. Copy of the policy is marked as Ext.B1 which shows that it is a comprehensive/package 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 travelling in a two wheeler are covered by the terms and conditions of the standard motor package policy. The conditions of the said policy came up for consideration before the two Division Benches of this Court in the decision reported in New India Assurance Co. Ltd. v. Hydrose (2008 (3) KLT 778) and in Mathew v. Shaji : 2 : M.A.C.A.NO.2897 OF 2008 Mathew (2009 (3) KLT 813). After considering the conditions of the policy, the Court held that when it is a comprehensive or package policy the terms and conditions cover the risk of pillion rider and no additional premium is necessary. Therefore by virtue of the decisions coupled with the clarificatory circular, the insurance company is held to be liable and therefore the finding of the Tribunal exonerating the insurance company from the liability is set aside and it is made liable. 2. In the result, the MACA is partly allowed and an award is passed directing the respondent insurance company to pay the amount awarded within a period of 60 days from the date of receipt of a copy of this judgment. Disposed of accordingly. M.N. KRISHNAN, JUDGE. cl : 3 : M.A.C.A.NO.2897 OF 2008