IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN WEDNESDAY, THE 14TH JULY 2010 / 23RD ASHADHA 1932 MACA.No. 2654 of 2009(E) ------------------------------------- (O.P.(M.V.).NO.700/03 OF THE MOTOR ACCIDENTS CLAIMS TRIBUNAL, PERUMBAVOOR) ............ APPELLANT/PETITIONER IN O.P(MV).NO. 700/03: ---------------------------------------------------------------------- UBAID, S/O.YOOSUF, NJATTUVEETTIL (H), CHALAKAL, ALUVA. BY ADV. SRI.GOPAKUMAR G. (ALUVA). RESPONDENT/RESPONDENT NO.3 IN O.P(MV) 700/03: ----------------------------------------------------------------------------- UNITED INDIA ASSURANCE CO.LTD., R.S.ROAD, ALUVA- 683 101. BY ADV. SRI.P.JACOB MATHEW. THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 14/07/2010,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: prv. M.N. KRISHNAN, J. ........................................... M.A.C.A.NO.2654 OF 2009 ............................................. Dated this the 14th day of July, 2010. J U D G M E N T This is an appeal preferred against the award of the Claims Tribunal, Perumbavoor in OP(MV)No.700/2003. The claimant therein was pillion rider to a two wheeler. He sustained injuries in a road accident and the Tribunal has awarded him a compensation of Rs. 22,530/= and directed respondents 1 and 2 in the petition to pay the compensation and exonerated the insurance company from the liability. It is against that decision, the claimant has come up in appeal. 2. Heard the learned counsel for the appellant as well as the insurance company. The learned counsel for the appellant had made available before me a copy of the policy issued to the vehicle. It is a package policy. By virtue of the clarificatory circular issued by the Insurance Regulatory and Development Authority dated 16.11.2009, the persons carried in a two wheeler are covered by the terms and conditions of the standard motor package policy. Further : 2 : M.A.C.A.NO.2654 OF 2009 the same clause came up for consideration before two Division Benches of this Court reported in New India Assurance Co. Ltd. v. Hydrose (2008 (3) KLT 778) and in Mathew v. Shaji Mathew (2009 (3) KLT 813). In both these cases the Division Benches held that by virtue of the terms and conditions of the policy, the insurance company is liable to pay the amount. 3. Therefore by virtue of the clarificatory circular coupled with the Division Bench Rulings, it has to be held that the insurance company is liable. Therefore the award exonerating the insurance company from the liability is set aside and it is made liable. 4. In the result the MACA is allowed and the finding of the Tribunal exonerating the insurance company from the liability is set aside and it is made liable. The insurance company is directed to deposit the said amount 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 : 3 : M.A.C.A.NO.2654 OF 2009 : 4 : M.A.C.A.NO.2654 OF 2009