IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN THURSDAY, THE 14TH OCTOBER 2010 / 22ND ASWINA 1932 MACA.No. 2191 of 2008() ----------------------- OPMV.1365/2000 of ADDL. MOTOR ACCIDENT CLAIMS TRIBUNAL, ERNAKULAM .................... APPELLANT(S): PETITIOENR ---------------------------------------- K.C.RADHAKRISHNAN ACHARI, AGED 44 YEARS S/O. CHELLAPPAN ACHARI, THACHETTHUKANDATHIL HOUSE, VAYALAKKADU ROAD, U.C. COLLEGE P.O., ALUVA. BY ADVS. SRI.ANIL S.RAJ SMT.K.N.RAJANI SMT.MANJUSHA MOHANDAS SMT.ANILA PETER RESPONDENT(S): RESPONDENTS ------------------------------------------------- 1. K.V. GOPALAKRISHNAN, S/O. K. KUMARAN UNNI NAIR, 'RESMI' III/483, THAIKKATTUKARA, ALUVA WEST VILLAGE. 2. THE NATIONAL INSURANCE COMPANY LIMITED, HMT JUNCTION, KALAMASSERY. R1 BY ADV. SRI.P.M.MUJEEB REHIMAN R2 BY ADV. SRI.E.M.JOSEPH THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 14/10/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: M.N. KRISHNAN, J. ........................................... M.A.C.A.NO.2191 OF 2008 ............................................. Dated this the 14th day of October, 2010. J U D G M E N T This is an appeal preferred against the award of the Claims Tribunal, Ernakulam in O.P.(MV)No.1365/2000. The claimant, a pillion rider, sustained injuries in a road accident and the Tribunal has awarded him a compensation of Rs.93,522/= and exonerated the insurance company from the liability. It is against exoneration of liability of the insurance company, the claimant has come up in appeal. 2. Heard the learned counsel for both sides. The policy involved in the case is admittedly a comprehensive policy. It is not an act only policy. The terms and conditions of the comprehensive policy/package policy had been a subject matter of discussion and decisions by the courts as well the authorities. 3. The contention of the insurance company is to the effect that as no additional premium is paid towards the pillion rider in a motor cycle extending the theory of United India Insurance Co. Ltd. v. Tilak Singh (2006 (2) KLT 884 : 2 : M.A.C.A.NO.2191 OF 2008 (SC), the insurance company shall not be saddled with the liability. In Tilak Singh's case the Hon'ble Supreme Court was considering the question of liability in relation to an act only policy. So far as comprehensive policy/package policy are concerned, the Insurance Regulatory and Development Authority had considered the conditions and clarified by a circular dated 16.11.2009 to the effect that the persons carried in a two wheeler or in a private car are covered by the terms and conditions of the standard motor package policy. The question of liability in a comprehensive policy with the conditions had been the subject matter of decisions of this Court in the cases reported in New India Assurance Co. Ltd. v. Hydrose (2008 (3) KLT 778) and in Mathew v. Shaji Mathew(2009 (3) KLT 813). After considering the conditions of the policy, a Division Bench of this Court held that terms and conditions of the policy cover the risk of a pillion rider and no additional premium is necessary to be paid for the same. So by virtue of the clarificatory circular coupled with the decisions of this Court, when the vehicle is covered by a comprehensive policy, no : 3 : M.A.C.A.NO.2191 OF 2008 additional premium has to be paid and by virtue of the terms and conditions of the policy the person is covered. Therefore exoneration of the insurance company from the liability has to be set aside and I do so and make the company liable. 4. In the result, the MACA is allowed and the award so far as it relates to exoneration of the insurance company is set aside and the company is made liable. The company is directed to deposit the 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 : 4 : M.A.C.A.NO.2191 OF 2008 M.N. KRISHNAN, J. ........................................... A.S.NO.389 OF 2001 ............................................. 8th day of October, 2010. J U D G M E N T