IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN MONDAY, THE 15TH MARCH 2010 / 24TH PHALGUNA 1931 MACA.No. 1275 of 2008() ------------------------------------ OPMV.515/2003 of MOTOR ACCIDENT CLAIMS TRIBUNAL, KOTTAYAM .................... APPELLANT/3RD RESPONDENT. ----------------------------------------------- UNITED INDIA INSURANCE COMPANY LTD., REP. BY ITS ASSISTANT MANAGER, REGIONAL OFFICE, SHARANYA, HOSPITAL ROAD, KOCHI - 11. BY MR.MATHEWS JACOB, SENIOR ADVOCATE, ADV. MR.P.JACOB MATHEW. RESPONDENTS/PETITIONER & RESPONDENTS 1 & 2 RESPECTIVELY. ----------------------------------------------------------------------------------------------------- 1. KURIAKOSE V.KORAN, VADAKKEPARAMBIL, PAMPADY, KOTTAYAM. 2. RONYMON T.E., S/O. T.E. EASO, THADATHIL HOUSE, PONGADA, KOTTAYAM. 3. KORAH K.KURIAKOSE, VELIKAKATHU HOUSE, PAMPADY P.O., KOTTAYAM. R1 & R2 BY ADV. MR.MANSOOR.B.H. THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING COME UP FOR ADMISSION ON 15/03/2010,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: MACA.No. 1275 of 2008 ORDER ON I.A. NO.1515/2008 IN MACA NO.1275/2008 DISMISSED 15/03/2010. SD/- M.N.KRISHNAN, JUDGE //TRUE COPY// P.S. TO JUDGE rs. M.N. KRISHNAN, J. = = = = = = = = = = = = = = M.A.C.A. NO. 1275 OF 2008 = = = = = = = = = = = = = = = Dated this the 15th day of March, 2010. J U D G M E N T This appeal is preferred against the award of the Motor Accidents Claims Tribunal, Kottayam in O.P.(MV)515/03. The claimant a pillion rider sustained injuries in a road accident and he is awarded a compensation of Rs.27000/- and the insurance company was directed to pay the amount. The vehicle was covered by a package policy. The insurance company has come up in appeal contending for the position that as no additional premium is paid for the coverage of a pillion rider the insurance company is not liable to pay the amount. Now by virtue of the clarificatory circular dated 16.11.2009 of the Insurance Regulatory and Development Authority insurance company's liability in respect of passengers carried in a private vehicle and persons carried in a two wheeler are covered under the terms and conditions of Standard Motor Package Policy. The conditions of policy has come up for consideration before two Division Benches of M.A.C.A. 1275 OF 2008 -:2:- this Court in the decisions reported in New India Assurance Co. Ltd. v. Hydrose (2008 (3) KLT 778) and Mathew v. Shaji Mathew (2009 (3) KLT 813). On a consideration of the materials this Court held that the terms and conditions of the policy cover the risk of a pillion rider. Therefore by virtue of the clarificatory Circular as well as by virtue of the decisions referred to above it has to be held that the liability of the insurance company cannot be found against and it is liable. So the appeal lacks merit and the same is dismissed. M.N. KRISHNAN, JUDGE. ul/-