IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN TUESDAY, THE 2ND FEBRUARY 2010 / 13TH MAGHA 1931 MACA.No. 2080 of 2008() ----------------------- OPMV.549/2002 of MOTOR ACCIDENT CLAIMS TRIBUNAL, IRINJALAKUDA .................... APPELLANT(S): APPELLANT ----------------------- BINU JOHN ,S/O.JOHN PEREPPADAN HOUSE, PARIYARAM DESOM AND VILLAGE PARIYARAM P.O.,MUKUNDAPURAM TALUK, THRISSUR DISTRICT. BY ADV. SRI.P.V.BABY SRI.A.N.SANTHOSH RESPONDENT(S): --------------- 1. P.PRAJEESH S/O. MATHOLY PRABHAKARAN, ANNANADU P.O. 2. VISHAL, S/O.THOTTUPURAM VIJAYAN ANNALLUR P.O.,THRISSUR DISTRICT. 3. ORIENTAL INSURANCE CO, LTD SOUTH JUNCTION, CHALAKUDY. ADV. SRI.P.JAYASANKAR FOR R3 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 02/02/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: M.N. KRISHNAN, J -------------------------. MACA No.2080 OF 2008 -------------------------------- Dated this the 2nd day of February, 2010. J U D G M E N T This is an appeal preferred against the award of the claims Tribunal, Irinjalakuda in O.P.(MV) No.549/02. The claimant, a 17 year old boy sustained injuries while traveling as a pillion rider. He has been awarded a compensation of Rs.30,150/- and the Insurance Company had been exonerated from the liability. it is against the quantum as well as the exoneration of the liability the claimant has come up in appeal. So far as the quantum is concerned, it is seen that the claimant has sustained long injuries on the wrist and also has a fracture of the shaft of right humerus. There was implantation. He was treated as an impatient in the hospital for eight days. The implantation was removed also. The Tribunal has awarded a reasonable compensation on almost all heads. But I find that considering the fact that the boy had sustained fracture of the right humerus and as there was implantation, there would be even loss of amenities and enjoyment for which I enhance the amount by Rs.3,000/-. 2. So far as the liability of the Insurance Company is MACA No.2080/2008 2 concerned, vehicle was covered by a package policy and by virtue of the clarificatory circular issued by the Insurance Regulatory and Development Authority, it is made clear that the persons traveling as pillion riders are covered by the terms of a Standard Motor Package Policy. Further the said clause had come up for consideration before the two Division Benches of this court in 2008 (3) KLT 778 and 2009 (3) KLT 813 New India Insurance Company Vs. Hydrose and Mathew Vs. Shaji Mathew. In both these decisions, it has been found that the terms of policy covers the risk of a pillion rider. Therefore the finding of the Tribunal exonerating the Insurance Company from the liability is set aside. It is made liable. 3. In the result, MACA is allowed and claimant is awarded an additional compensation of Rs.3,000/- with 7% interest on the said sum from the date of petition till realisation. The Insurance Company is bound to pay the entire amount awarded by the Tribunal as well las by this court. It shall deposit the amount with in a period of 60 days from the date of receipt of a copy of this judgment. M.N. KRISHNAN, JUDGE. sou.