IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE A.K.BASHEER & THE HONOURABLE MR. JUSTICE P.Q.BARKATH ALI MONDAY, THE 5TH APRIL 2010 / 15TH CHAITHRA 1932 MACA.No. 330 of 2010() ------------------------------ OPMV.1401/2005 of MOTOR ACCIDENT CLAIMS TRIBUNAL, MANJERI .................... APPELLANT(S): PETITIONER ------------------------ AMEER,30, S/O.AHAMMEDKOYA, CHUNKATH HOUSE, PUTHUR P.O., TIRUR. BY ADV. SRI.K.SHIBILI NAHA SMT.SINDHU K.NAMBIAR RESPONDENT(S): RESPONDENTS -------------------------- 1. SHAMSEER,S/O.SHAMSUDHEEN, CHUNKATH HOUSE, P.O.MEENADATHOOR, VIA THANALOOR,TIRUR (RIDER) 2. BASHEER V.,S/O.MUHAMMED, VADUTHALA HOUSE, THAYYALAGAL, TANUR (OWNER) 3. THE NEW INDIA ASSURANCE CO.LTD., BRANCH OFFICE AT TIRUR,MALAPPURAM DISTRICT. R3 BY ADV. SMT.T.C.SOWMIAVATHY THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 05/04/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: tss A.K.BASHEER & P.Q.BARKATH ALI, JJ. --------------------------- M.A.C.A.No.330 OF 2010 --------------------------- Dated this the 5th day of April, 2010 J U D G M E N T ~~~~~~~~~~~ Basheer, J. The appellant is the claimant before the Motor Accidents Claims Tribunal. The Tribunal found that he was entitled to get a sum of Rs.1,39,308/- with interest and cost. However, in view of the contention raised by the Insurance Company that the appellant/claimant being a pillion rider he would not be covered under the policy issued by it, the Tribunal exonerated the Insurance Company and directed the owner and rider of the two wheeler to pay the compensation. The above order passed by the Tribunal is under challenge in this appeal. 2. When this appeal is taken up for consideration, learned counsel for the Insurance Company submits that in view of the clarification issued by the Insurance Regulatory and Development Authority as regards Package Policy, the Insurance Company will be liable to pay the compensation to the claimant. M.A.C.A.No.330/2010 2 3. In that view of the matter, the award passed by the Tribunal is modified. It is held that respondent No.3, Insurance Company, shall be liable to indemnify respondent No.2, owner, and pay the compensation to the appellant/claimant. Ordered accordingly. The appeal is allowed to the above extent. (A.K.BASHEER, JUDGE) (P.Q.BARKATH ALI, JUDGE) ps