IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN TUESDAY, THE 2ND FEBRUARY 2010 / 13TH MAGHA 1931 MACA.No. 947 of 2009() ---------------------- OPMV.581/2005 of MOTOR ACCIDENT CLAIMS TRIBUNAL, IRINJALAKUDA .................... APPELLANT(S): 3RD RESPONDENT ---------------------------- THE NATIONAL INSURANCE CO. LTD., REP. BY ITS MANAGER, REGIONAL OFFICE, OMANA BUILDING, PADMA JUNCTION, KOCHI-35. BY ADV. SMT.RAJI T.BHASKAR RESPONDENT(S): PETITIONER AND RESPONDENTS 1 AND 2 ------------------------------------------------- 1. MANOJ, AGED 22 YEARS, S/O. BALAN, PULIKKNAN HOUSE, THORAVU, PUDUKKD. 2. K.S.VINOD, S/O. SANKUNNY, KAKKANADAN HOUSE, CHENGALOOR, PUDUKKAD. 3. SIVADAS, S/O. VELAYUDHAN, VADAKKUMKARA HOUSE, MUTHRATHIKARA, P.O.PARAPPUKARA. ADV. SRI.V.BINOY RAM FOR R3 SRI.T.N.MANOJ FOR R1 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 02/02/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: jma M.N. KRISHNAN, J -------------------------. MACA No.947 OF 2009 -------------------------------- Dated this the 2nd day of February, 2010. J U D G M E N T This is an appeal preferred by the Insurance Company against award of the claims Tribunal, Irinjalakuda in O.P.(MV). No.581/2005. The claimant, a pillion rider sustained in juries and the Tribunal awarded him a compensation of Rs. 32,600/-. 2. A perusal of para 8 of the award would reveal that the vehicle is covered by a package policy. By virtue of the clarificatory circular issued by the Insurance Regulatory and Development Authority as well as the two decisions of this court in in 2008 (3) KLT 778 and 2009 (3)KLT 813 ie., New India Insurance Company Vs. Hydrose and Mathew Vs. Shaji Mathew the decision it is well settled that the conditions of the policy covers the risk of the pillion rider. The Tribunal has applied mind correctly to arrive at a decision. Therefore the appeal lacks merit and dismissed accordingly. M.N. KRISHNAN, JUDGE. sou.