IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN MONDAY, THE 9TH NOVEMBER 2009 / 18TH KARTHIKA 1931 MACA.No. 1221 of 2009(D) ----------------------- OPMV.1111/2004 of MOTOR ACCIDENT CLAIMS TRIBUNAL, NORTH PARAVUR .................... APPELLANT(S): CLAIMANT ---------------------- SUMOJ.P.J., S/O.JOSHI, PALLATHU HOUSE, VAVAKKAD, ERNAKULAM (DIST). BY ADV. SRI.P.V.ELIAS SRI.MURALI MANOHAR.R RESPONDENT(S)/ RESPONDENTS : ---------------------------------------- 1. V.R.BINU, S/O.RAVEENDRAN, VAZHAYIL HOUSE, MOOTHAKUNNAM. 2. BIBU, S/O.RAVEENDRAN, VAZHAYIL HOUSE, MOOTHAKUNNAM. 3. UNITED INDIA INSURANCE CO.LTD., RAP COMMERCIAL CENTRE, ALUVA. ADV. SMT.K.C.BEENA FOR R3 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 09/11/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: M.N. KRISHNAN, J. = = = = = = = = = = = = = = M.A.C.A. NO. 1221 OF 2009 = = = = = = = = = = = = = = = Dated this the 9th day of November, 2009. J U D G M E N T This appeal is preferred against the award of the Motor Accidents Claims Tribunal, North Paravur in O.P.(MV) 1111/04. The claimant, a 24 year old man, sustained injuries in a road accident. The Tribunal fixed his compensation at Rs.12,000/- and exonerated the insurance company from the liability. It is against that decision the claimant has come up in appeal challenging the quantum as well as the exoneration of the liability of the insurance company. 2. So far as the quantum is concerned I find in paragraph 7 of the award the injuries sustained are multiple abrasions over the forearm, elbow, lateral malleolus and contusion on the wrist. There was a suspected fracture on the scaphoid but it was not proved. He was treated as an inpatient from 8.10.04 to 11.10.2004. The Tribunal awarded a compensation of Rs.12,000/- which appears to be very reasonable and that does not call for any interference. M.A.C.A. 1221 OF 2009 -:2:- 3. So far as the liability of the insurance company is concerned it was a package policy which contains the clause II(i)(i) whereby the insurer has undertaken to cover the risk or the death or bodily injury of a person travelling in a motor vehicle other than for hire or reward. In the light of the two pronouncements of this Court in New India Assurance Co. Ltd. v. Hydrose (2008 (3) KLT 778) and Mathew v. Shaji Mathew (2009 (3) KLT 813). Since the conditions of policy undertakes the risk of the person no additional premium is necessary and therefore the insurance company is liable. 4. Therefore the MACA is partly allowed and the quantum fixed by the Tribunal is sustained and the order exonerating the insurance company from the liability is set aside and the insurance company is directed to pay the amount within a period of 60 days from the date of receipt of a copy of this judgment. M.N. KRISHNAN, JUDGE. ul/-