IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN FRIDAY, THE 22ND JANUARY 2010 / 2ND MAGHA 1931 MACA.No. 967 of 2009() --------------------------------- OPMV.1938/2004 of MOTOR ACCIDENT CLAIMS TRIBUNAL, KOTTAYAM .................... APPELLANT(S): 3RD RESPONDENTS ------------------------- NATIONAL INSURANCE COMPANY LTD., REP. BY ITS MANAGER, REGIONAL OFFICE, 3RD PARTY WING, OMANA BUILDING, PADMA JUNCTION, KOCHI-35. BY ADV. SMT.RAJI T.BHASKAR RESPONDENT(S): PETITIONER& RESPONDENTS 1 & 2 RESPECTIVELY ------------------------- 1. RAJESH, S/O. RAJAPPAN, CHIRACKAL HOUSE, KUZHIMATTOM.P.O., AMBATTUKADAVU BHAGOM, PANACHIKADU VILLAGE. 2. RAJESH GOPALAKRISHNAN, S/O.GOPALAKRISHNAN KUTTIVELIL HOUSE, PANACHICKADU.P.O. 3. MOHANAN.K.P., INFDIV REGT, C/O. 56 IPO, RANCHI, NOW RESIDING AT KALAYILTHAZHE KUZHIMATTOM.P.O., KOTTAYAM. R1 BY ADVS.MR.PHILIP T.VARGHESE, MR.THOMAS T.VARGHESE. THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 22/01/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: tss M.N. KRISHNAN, J. ........................................... M.A.C.A.No.967 OF 2009 ............................................. Dated this the 22nd day of January, 2010. J U D G M E N T The learned counsel for the appellant/insurance company requests for permission for withdrawal of the case on the ground of a clarificatory circular issued by the Insurance Regulatory and Development Authority dated 16.11.2009 whereby it has been clarified that persons traveling in a private vehicle and persons carried in two wheelers as pillion riders are covered by the terms of the standard motor package policy. In the light of the said submission the insurance company has to pay the amount. Therefore permission is granted to withdraw the appeal and the appeal is dismissed as withdrawn. M.N. KRISHNAN, JUDGE cl : 2 :