IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN WEDNESDAY, THE 4TH AUGUST 2010 / 13TH SRAVANA 1932 MACA.No. 1816 of 2009() ----------------------------------- OPMV.1475/2003 of MOTOR ACCIDENT CLAIMS TRIBUNAL, PARAVUR .................... APPELLANT(S): PETITIONER ---------------------- ANNESH S/O. THILAKAN, THARAMAL HOUSE, ELENTHIKKARA, PUTHENVELIKKARA. BY ADV. SRI.P.V.ELIAS RESPONDENT(S): RESPONDENTS -------------------------- 1. RAJEEV, S/O. RAVEENDRANATH, REJITHA NIVAS, MUPPATHADAM P.O. 2. BAIJU C, S. S/O. SASI, CHETTIPPARAMBIL, KOZHITHURUTHU, PUTHENVELIKKARA. 3. THE ORIENTAL INSURANCE CO. LTD., BRANCH OFFICE, EBENZER GARDEN, NEAR EDAPPILLY HIGH SCHOOL JUNCTION, COCHIN. R3 BY ADV. SRI.VPK.PANICKER THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 04/08/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: tss M.N. KRISHNAN, J. ........................................... M.A.C.A.NO.1816 OF 2009 ............................................. Dated this the 4th day of August, 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.1475/2003. The claimant sustained injuries in a road accident and the Tribunal has awarded him a sum of Rs.13,500/= and exonerated the insurance company from the liability on the ground that no additional premium is paid. Challenging the exoneration of the liability as well as the quantum, the claimant has come up in appeal. 2. Heard the learned counsel for the appellant as well as the insurance company. Let me first consider about the quantum. A perusal of the award would reveal that the claimant had sustained multiple abrasions of 3x2 cms with skin loss on the face. There was a fracture of two teeth. The learned counsel had made available before me the wound certificate relating to the accident. The claimant was treated only as an outpatient. It can be seen from the document that x-ray of the skull was taken. He was also referred to the surgical and dental department. It is also : 2 : M.A.C.A.NO.1816 OF 2009 evidenced that he had sustained fracture of two teeth. 3. I feel that a little enhancement is necessary for the reason that the young man would not have been in a position to do work for sometime especially in the light of the facial injury with skin loss which would prevent him from exposure to sun light. I award Rs.2,000/= more for loss of earnings. Certainly this would have also caused loss of amenities especially in the backdrop of the fracture of the two teeth. I allow Rs.2,000/= more making an additional compensation of Rs.4,000/=. 4. The next question is regarding exoneration of the insurance company from the liability. Admittedly the policy is a B policy comprehensive. As per the clarificatory circular issued by the Insurance Regulatory and Development Authority dated 16.11.2009 persons carried in a two wheeler and passengers carried in a private vehicle are covered under the terms and conditions of the standard motor package policy and the terms and conditions of such policy came up for consideration before two Division Benches of this Court in the decision reported in New India Assurance Co. Ltd. v. Hydrose (2008 (3) KLT 778) and in : 3 : M.A.C.A.NO.1816 OF 2009 Mathew v. Shaji Mathew (2009 (3) KLT 813). In both these decisions, this Court held that terms and conditions of the policy cover the risk and no additional premium is necessary. Therefore in the light of the clarificatory circular coupled with the decisions of this Court, the insurance company has to be made liable and therefore exoneration of the liability is set aside and the insurance company is made liable. 5. In the result, the MACA is partly allowed and the claimant is awarded an additional compensation of Rs.4,000/= with 7% interest on the said sum from the date of petition till realisation and the respondent insurance company is directed to deposit the said amount within a period of 60 days. Exoneration of the insurance company from the liability is set a side and it is made liable to pay the amount already awarded by the Tribunal also with interest. This amount to be deposited before the Tribunal 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 : 4 : M.A.C.A.NO.1816 OF 2009 : 5 : M.A.C.A.NO.1816 OF 2009 M.N. KRISHNAN, J. ........................................... A.S.NO.OF 2010 ............................................. 2nd day of August, 2010. J U D G M E N T