IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE A.K.BASHEER & THE HONOURABLE MR. JUSTICE P.Q.BARKATH ALI FRIDAY, THE 10TH DECEMBER 2010 / 19TH AGRAHAYANA 1932 MACA.No. 66 of 2010() --------------------- ( O.P.(MV) NO.366/2004 OF MACT, ERNAKULAM) APPELLANT/PETITIONER ----------------------- V.KAMALAM, W/O. VISWAMBHARAN, VADAKKEKOLLAMPARAMBIL HOUSE, ELAMAKKARA.P.O, KOCHI-26, KANAYANNOOR TALUK, ERNAKULAM DISTRICT. BY ADV. SRI.G.BALAMURALEEDHARAN (PARAVUR) RESPONDENTS/RESPONDENTS --------------- 1. A.S.GIRIDHAR, S/O.SEETHARAMA RAO,9/960, ICI INDIA LTD. CHEROOTTY ROAD, CALICUT-673 001. 2. V.JYOTHIS, S/O. VISWAMBHARAN, VADAKKEKOLLAMPARAMBIL HOUSE, ELAMAKKARA.P.O, KOCHI-26,ERNAKULAM DISTRICT. 3. NATIONAL INSURANCE CO. LTD.,DIVISIONAL O FFICE, AJAY VIHAR, M.G.ROAD, KOCHI-16, ERNAKULAM DISTRICT. ADV. SRI.P.JAYASANKAR FOR R3 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 10/12/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: A.K.BASHEER & P.Q.BARKATH ALI, JJ. - - - - - - - - - - - - - - - - - - - - - M.A.C.A.No.66 OF 2010 - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 10th day of December, 2010 JUDGMENT Basheer, J. The only grievance of the appellant who is the victim of a road traffic accident is that the insurer of the vehicle has been exonerated by the Tribunal from the liability to pay compensation without any valid or justifiable reason. According to the learned counsel, the policy in respect of the vehicle being a package policy, Tribunal ought to have held the Insurance Company liable. Sri.P.Jayasankar, learned standing counsel for respondent No.3, Insurance company, after getting instructions submits that the policy issued by the company, in fact, would cover the risk of pillion rider also. Therefore, it is held that the Insurance Company shall pay the compensation to the appellant as quantified by the Tribunal. This shall be done within one month from the date of receipt of a copy of this judgment. The award is modified to the above extent. A.K.BASHEER, JUDGE P.Q.BARKATH ALI, JUDGE sv.