IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN THURSDAY, THE 11TH FEBRUARY 2010 / 22ND MAGHA 1931 MACA.No. 2632 of 2008() -------------------------------- MVOP.652/2003 of MOTOR ACCIDENTS CLAIMS TRIBUNAL, IRINJALAKUDA .................... APPELLANT(S): PETITIONER:- -------------------------- UNNI P.K., S/O.PUTHENPURAKKAL KOCHAPPU, NEAR ANNAMANADA V.M. THEATRE, ANNAMANADA P.O., KALLUR-THEKKUMURY VILLAGE, THRISSUR DISTRICT. BY ADV. MR.V.BINOY RAM RESPONDENT(S): ------------------------ 1. SHAJI V.A., S/O. VADAKKEDATH APPUL, KALLUR-VADAKKUMMURI VILLAGE, KALLUR DESOM , P.O. ANAMANADA, THRISSUR. 2. P.K. VENU, S/O. PUTHENPURAKKAL KUMARAN, ANNAMANADA P.O., THRISSUR DISTRICT. 3. THE BRANCH MANAGER, ORIENTAL INSURANCE CO. LTD., BRANCH OFFICE, CITY HEIGHTS BUILDING, SOUTH JUNCTION, CHALAKUDY, THRISSUR. R3 BY ADV.MR.P.JAYASANKAR THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 11/02/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: tss M.N. KRISHNAN, J. ........................................... M.A.C.A.No.2632 OF 2008 ............................................. Dated this the 11th 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 OP(MV)No.652/2003. The claimant a pillion rider in a two wheeler sustained injuries in a road accident and the Tribunal has awarded a compensation of Rs.29,500/= and directed the owner and driver to pay the amount and exonerated the insurance company from the liability. Aggrieved by the said decision, the claimant has come up in appeal for enhancement as well as regarding exoneration of the liability. 2. Heard the counsel on both sides. So far as the enhancement of compensation is concerned, I had perused para 6 of the award which deals with the injury sustained and in para 7 therein the tribunal has considered the injury in the proper perspective and awarded a just and reasonable compensation. It has taken note of the injuries and granted Rs.8,000/= towards loss of teeth, Rs.3,000/= towards loss of amenities and Rs.10,000/= towards pain and sufferings. : 2 : M.A.C.A.No.2632 OF 2008 Actual expenses incurred for the treatment and also actual loss of earnings had been compensated. Therefore it does not suffer from any infirmity. 3. The next question is regarding the liability of the insurance company. Admittedly as seen from the award, the policy is a package policy. The learned Tribunal held that though it was a package or comprehensive policy, only additional premium is collected for the purpose of damage to property and therefore it will not cover the risk of a pillion rider who travels in a two wheeler. But the said finding does not appear to be correct in the light of a clarificatory circular issued by the Insurance Regulatory and Development Authority as well as the decision of this Court. As per the circular dated 16.11.2009 the Insurance Regulatory and Development Authority had clarified that with respect to accident involving death or injury sustained to persons travelling in private car or pillion riders travelling in a two wheeler are covered by the terms and conditions of the standard motor package policy. The conditions embodied in those policies came up for : 3 : M.A.C.A.No.2632 OF 2008 consideration before two Division 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 813). In both these cases, the Division Benches had taken the view that the terms and conditions of the policy cover the risk of the pillion rider and no additional premium is necessary. Therefore in the light of the clarificatory circular coupled with the decisions of the Division Benches, the insurance company is liable to pay the amount. Therefore, the order exonerating the insurance company from the liability is set aside and it is made liable. 4. In the result, the MACA is partly allowed and the amount ordered is sustained and exoneration of the insurance company is set aside and it is made clear that the insurance company is bound to indemnify the owner and 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 : 4 : M.A.C.A.No.2632 OF 2008 cl : 5 : M.A.C.A.No.2632 OF 2008