IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN WEDNESDAY, THE 9TH FEBRUARY 2011 / 20TH MAGHA 1932 MACA.No. 2550 of 2010(B) ------------------------------ OPMV.1354/2000 of MOTOR ACCIDENT CLAIMS TRIBUNAL, ERNAKULAM .................... APPELLANT(S): PETITIONER --------------------------------- LENIN, AGED 32 YEARS, S/O. ROCKY, KADUNGAPARAMBIL HOSUE, 22/1685 B, PAMPAIMOOLA, EDACOCHIN, COCHIN - 6. BY ADV. SRI.R.SUDHISH SMT.M.MANJU SRI.K.R.RANJITH RESPONDENT(S): RESPONDENTS ----------------------------------------- 1. V.M.STANLEY, S/O. MANUEL, VALIYAMARATHINGAL HOSUE, 25/341, VATHURUTHY, COCHIN - 29. 2. UNITED INDIA INSURANCE COMPANY LTD. BY ITS MANAGER, M.T.P.C. OFFICE, VETTUKKATTIL BUILDING, M.G.ROAD, COCHIN -16. ADV. SRI.P.SANKARANKUTTY NAIR FOR R2 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 09/02/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: M.N. KRISHNAN, J. = = = = = = = = = = = = = = M.A.C.A. NO. 2550 OF 2010 = = = = = = = = = = = = = = = Dated this the 9th day of February, 2011. J U D G M E N T This appeal is preferred against the award of the Motor Accidents Claims Tribunal, Ernakulam in O.P.(MV)1354/00. The claimant sustained injuries while travelling as a pillion rider and the Tribunal awarded him a compensation of Rs.13,201/- and exonerated the insurance company from the liability on the ground that the policy does not cover the risk of a pillion rider as no additional premium is paid. It is against that decision the claimant has come up in appeal. 2. Heard the learned counsel for both the sides. A perusal of the award would show that the vehicle is covered by a comprehensive policy. By virtue of the clarificatory circular M.A.C.A. 2550 OF 2010 -:2:- dated 16.11.2009 issued by the Insurance Regulatory and Development Authority the persons carried in a private vehicle and persons carried in a two wheeler are covered under the terms and conditions of Standard Motor Package Policy. Similarly, two Division Benches of 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) has laid down that the terms and conditions of the policy cover the risk of a pillion rider. Therefore the finding of the Tribunal that the insurance company is to be exonerated is unsustainable and therefore it is set aside. In the result the MACA is allowed and the award is modified setting aside the liability of the insurance company and it is made liable. The insurance company is directed to deposit the M.A.C.A. 2550 OF 2010 -:3:- award amount within a period of sixty days from the date of receipt of a copy of the judgment. M.N. KRISHNAN, JUDGE. ul/-