IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN FRIDAY, THE 11TH DECEMBER 2009 / 20TH AGRAHAYANA 1931 MACA.No. 2018 of 2009() --------------------------- OPMV.857/2003 of MOTOR ACCIDENT CLAIMS TRIBUNAL, NEYYATTINKARA .................... APPELLANT(S): 2ND RESPONDENT ---------------------------- 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 & IST RESPONDENT RESPECTIVELY -------------------------------------------------------------------------- 1. SANTHOSH KUMAR, S.S.BHAVAN, KUNNAMVILA, VATTAVILA P.O., NEYYATTINKARA. 2. SHIVAKUMAR, THATTAKKASERY VEEDU, KUDUMPOTTUKONAM, CHENKAL P.O., NEYYATTINKARA. ADV. SRI.R.T.PRADEEP FOR R1 SRI.J.ROBINSON FOR R1 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 11/12/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: M.N. KRISHNAN, J. = = = = = = = = = = = = = = M.A.C.A. NO. 2018 OF 2009 = = = = = = = = = = = = = = = Dated this the 11th day of December, 2009. J U D G M E N T This appeal is preferred against the award of the Motor Accidents Claims Tribunal, Neyyatinkara in O.P.(MV)857/03. The claimant, a pillion rider to a two wheeler, sustained injuries in a road accident and the Tribunal awarded him a compensation of Rs.42,100/- and directed the insurance company to pay the amount. The insurance company had denied its liability on the ground that as no additional premium is collected it is not liable to pay the amount. But admittedly the policy as referred to in paragraph 9 of the award would reveal that it is a comprehensive policy. The comprehensive policies and package policies generally contain a clause that the insurance company undertakes to cover the risk of the persons in respect of death of or bodily injury to any person including occupants carried in the private vehicle other than for hire or reward but except so far M.A.C.A. 2018 OF 2009 -:2:- as it is necessary to meet the requirements of Motor Vehicles Act. 2. This clause has come up for consideration before two Division Benches of this Court in New India Assurance Co. Ltd. v. Hydrose (2008 (3) KLT 778) and Mathew v. Shaji Mathew (2009 (3) KLT 813). On considering the entire clause both the Division Benches held that since the conditions of the policy cover the risk of a person carried in a motor vehicle other than for hire or reward by virtue of the conditions of the policy no additional premium is necessary and therefore the insurance company is liable. Now the Insurance Regulatory and Development Authority had also issued a circular on 16.11.2009 after considering the terms and conditions of the policy. The above Circular makes it clear that the insurance company's liability in respect of occupants carried in a private car and pillion rider carried in a two wheeler is covered under the Standard Motor Package Policy. Therefore by virtue of the judicial pronouncements as well as the clarificatory circular it has to be stated that the M.A.C.A. 2018 OF 2009 -:3:- insurance company is bound to pay the amount and therefore the award does not suffer from any infirmity. So the appeal lacks merit and the same is dismissed. M.N. KRISHNAN, JUDGE. ul/-