IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN WEDNESDAY, THE 15TH SEPTEMBER 2010 / 24TH BHADRA 1932 MACA.No. 1127 of 2009(B) ------------------------------- (OPMV.624/2003 of MOTOR ACCIDENT CLAIMS TRIBUNAL, PARAVUR) .................... APPELLANT(S): ORIGINAL PETITIONER ---------------------------------------------- AMBILI JOHNY D/O.JOHNY KANICHUKUNNATHU HOUSE KUZHUPPILLY, AYYAMPILLY P.O. KOCHI TALUK, EKM DIST. BY ADVS. SRI.G.BALAMURALEEDHARAN (PARAVUR) SRI.MATHEWS V.JACOB (PARAVUR) SRI.N.T.NANDAKUMAR (PARAVUR) RESPONDENT(S): RESPONDENTS -------------------------------------- 1. GEETHA JOHNY W/O. JOHNY KANICHUKUNNATHU HOUSE, KUZHUPPILLY, AYYAMPILLY P.O. KOCHI TALUK, EKM DIST. 2. K.K.JOHNY S/O. KOCHU VAREED KONICHUKUNNATH HOUSE,KUZHUPPILLY, AYYAMPILLY P.O. KOZHI TALUK, EKM DIST. 3. UNITEDI INDIA INSURANCE CO.LTD., BRANCH OFFICE, MAIN ROAD, N.PARAVUR P.O. EKM. DIST. R3 BY ADV. SMT.M.LALITHA NAIR THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 15/09/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: SVS/ M.N. KRISHNAN, J. ........................................... M.A.C.A.NO.1127 OF 2009 ............................................. Dated this the 15th day of September, 2010. J U D G M E N T This is an appeal preferred against the award of the Claims Tribunal, North Paravur in OP(MV)No.624/2003. The claimant, a passenger in a private car, sustained injuries in a road accident and the Tribunal has awarded him a compensation of Rs.11,000/=, but exonerated the insurance company from the liability on the ground that there is no payment of additional premium, the company cannot be made liable. 2. Now by virtue of a clarificatory circular issued by the Insurance Regulatory and Development Authority dated 16.11.2009, conditions in the package policy is extracted and the above circular makes it clear that insurer's liability in respect of occupants carried in a private car and pillion rider carried on two wheeler is covered under the standard motor package policy. As far as this case is concerned, policy is a package policy. When it is so, in the light of the clarificatory circular, the insurance company is bound to pay : 2 : M.A.C.A.NO.1127 OF 2009 the amount. 3. Therefore the award of the Claims Tribunal is modified by setting aside exoneration of liability of the insurance company and further held that it is liable to pay the compensation. The insurance company is directed to deposit 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.1127 OF 2009 M.N. KRISHNAN, J. ........................................... A.S.NO.411 OF 1996 ............................................. 3rd day of September, 2010. J U D G M E N T