IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN TUESDAY, THE 27TH JULY 2010 / 5TH SRAVANA 1932 MACA.No. 545 of 2008(D) ----------------------------------- (O.P(MV).NO.494/2000 OF II ADDL.MOTOR ACCIDENT CLAIMS TRIBUNAL, KOLLAM) .................... APPELLANT/PETITIONER: ------------------------------------- MISHAL SATHANATH, S/O.SATHYANANDAN, CHANGANKULANGARA MURI, OACHIRA VILLAGE OACHIRA, KOLLAM DISTRICT. BY ADV. SRI.PRATHEESH.P. RESPONDENTS/RESPONDENTS: ----------------------------------------------- 1. N. SURENDRAN, S.S.BHAVAN CHANGANKULANGARA MURI, OACHIRA VILLAGE KOLLAM DISTRICT. 2. THE ORIENTAL INSURANCE CO.LTD. REPRESENTED BY ITS MANAGER, LIC BUILDING CHINNAKKADA, KOLLAM. R2 BY ADV. SRI.S.MAMMU. THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING COME UP FOR ADMISSION ON 27/07/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: prv. M.N. KRISHNAN, J. = = = = = = = = = = = M.A.C.A. No. 545 OF 2008 = = = = = = = = == = DATED THIS, THE 27TH DAY OF JULY, 2010. J U D G M E N T This is an appeal preferred against the award of the Motor Accidents Claims Tribunal, Kollam in O.P. (MV) 494/2000. The claimant - a pillion rider sustained injuries in a road accident and the Tribunal has awarded him a compensation of Rs. 20,250/-; but exonerated the Insurance Company from liability. It is against that decision, the claimant has come up in appeal. 2. Heard the counsel for the appellant as well as the Insurance Company. It is admitted that the vehicle was covered by a comprehensive policy. By virtue of the clarificatory circular issued by the Insurance Regulatory and Development Authority dated 16.11.2009, persons carried in a two wheeler and persons travelling in a private vehicle are covered under the terms and conditions of a standard motor package policy. Again, the same clause came up for consideration before two Division Benches of this Court and in the decisions reported in New India Insurance Company Ltd. v. Hydrose (2008(3) KLT 778) and Mathew v. Shaji Mathew (2009(3) KLT 813) and this Court has taken the view that the Insurance Company is MACA 545/2008 2 liable to pay as per the conditions of the policy. Therefore, by virtue of the clarificatory circular coupled with the decisions of this court, the Insurance Company cannot get exonerated from the liability and therefore, they have to be made liable and I do so. In the result, the appeal is allowed, the award is modified and the direction of the Tribunal exonerating the Insurance Company is set aside and the Insurance Company is made liable. The Insurance Company is directed to deposit the amount within sixty days from the date of receipt of a copy of this judgment. M.N. KRISHNAN, (JUDGE) KNC/-