IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN WEDNESDAY, THE 3RD FEBRUARY 2010 / 14TH MAGHA 1931 MACA.No. 1892 of 2008() ----------------------------------- OPMV.77/2003 of MOTOR ACCIDENT CLAIMS TRIBUNAL, IRINJALAKUDA .................... APPELLANT/PETITIONER ------------------------------------ VIJAYAN, S/O.KADASSERUY BHASKARAN NAIR MULAMTHURUTHY DESOM AND VILLAGE PULUKKAMALY PO., KANAYANNUR TALUK ERNAKULAM DISTRICT. BY ADV. MR.P.V.BABY, MR.A.N.SANTHOSH. RESPONDENTS/RESPONDENTS IN O.P. NO.(MV) : ----------------------------------------------------------------------- 1. V.K. BAIJU, S/O.VATTOLY KUNJUVAREED KUTTIKKAD PO., 2. UNITED INDIA INSURANCE CO. SOUTH JUNCTION, CHALAKUDY. R2 BY ADV. MR.P.JACOB MATHEW. THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 03/02/2010, THE COURT ON THE SAME DAU DELIVERED THE FOLLOWING: rs. M.N. KRISHNAN, J. ........................................... M.A.C.A.No.1892 OF 2008 ............................................. Dated this the 3rd day of February, 2010. J U D G M E N T This is an appeal preferred against the award of the Claims Tribunal, Irinjalakkuda in OP(MV)No.77/2003. The claimant, a Development Officer of the LIC, sustained injuries in a road accident and he has been awarded a compensation of Rs.18,900/=. The insurance company was also exonerated from the liability though the vehicle was covered by the comprehensive policy. It is challenging the quantum as well as the liability of the insurance company, the appeal is preferred. 2. Let me first consider about the liability of the insurance company. Admittedly the policy is a comprehensive/package policy. By virtue of a clarificatory circular issued by the Insurance Regulatory and Development Authority dated 16.11.2009, the passengers travelling in a private car and persons carried in two wheelers are covered by the terms and conditions of the standard motor package policy. Further, the terms and conditions of the said policy came up for consideration before two Division : 2 : M.A.C.A.No.1892 OF 2008 Benches of this Court in New India Assurance Co. Ltd. v. Hydrose (2008 (3) KLT 778) and in Mathew v. Shaji Mathew (2009 (3) KLT 8130. It has been held by the Division Benches that the terms and conditions cover the risk of a pillion rider as well. Therefore by virtue of the clarificatory circular and the decisions of this Court, the insurance company cannot be exonerated from the liability. It is made liable. 3. The next point is regarding inadequacy of the compensation. A perusal of para 6 of the award would reveal that he had sustained a fracture of base of the left second metacarpal and also fracture of the first phalanx of the right little finger. He was initially treated in St. James Hospital and later in the Specialist Hospital, Kochi. He had also gone for review and had availed 30 days' sick leave. The income tax return would indicate his income as Rs.95,000/= per annum. So finding that Rs.8,000/= as his salary per month, Rs.6,000/= has already been paid. Therefore a further sum of Rs.2,000/= is awarded to actual loss of earnings. Considering the nature of injuries and : 3 : M.A.C.A.No.1892 OF 2008 period of treatment undergone, it is just and convenient to award Rs.2,000/= for pain and sufferings and also Rs.2,000/= for loss of amenities and enjoyment in life thereby making an additional compensation of Rs.6,000/=. 4. In the result, the MACA is partly allowed and the claimant is awarded an additional compensation of Rs.6,000/= with 7% interest from the date of petition till realisation and the respondent insurance company is directed to deposit the said amount as well as the amount ordered by the Tribunal within a period of 60 days from the date of receipt of a copy of this judgment. Disposed of accordingly. M.N. KRISHNAN, JUDGE cl : 4 : M.A.C.A.No.1892 OF 2008