IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN THURSDAY, THE 3RD DECEMBER 2009 / 12TH AGRAHAYANA 1931 MACA.No. 113 of 2008() --------------------------------- OPMV.382/2004 of MOTOR ACCIDENT CLAIMS TRIBUNAL, OTTAPALAM .................... APPELLANT(S): 2ND RESPONDENT: ------------------------ NATIONAL INSURANCE COMPANY LTD., REP. BY ITS MANAGER, 3RD PARTY WING,OMANA BUILDING NEAR PADMA JUNCTION, KOCHI-35. BY ADV. SMT.RAJI T.BHASKAR RESPONDENT(S): PETITIONER AND 1ST RESPONDENT RESPECTIVELY -------------------------- 1. MANI @ MOHAMMED @ MOHAMMED MANI, AGED ABOUT 48 YEARS, S/O. KUTTIYAMU, PULIKKAL VEEDU, PARAPPURAM, KARAKKAD, PATTAMBI (VIA), OTTAPALAM TALUK, PALAKKAD DIST. 2. MOHAMMED MANI, AGED ABOUT 42 YEARS, S/O. KOYAMU, KARADI MADI, METTUPALAYAM, COIMBATORE WEST DISTRICT, NOW RESIDING AT MUTHANIYIL VEEDU, KONDOORKARA, KARAKKAD, OTTAPALAM TALUK, PALAKKAD DISTRICT. THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 03/12/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ORDER ON IA. NOS.1121/09 & IA. NO.133/2008 DISMISSED 03/12/2009 SD/- M.N.KRISHNAN, JUDGE TRUE COPY P.A. TO JUDGE tss M.N. KRISHNAN, J. ........................................... M.A.C.A.No.113 OF 2008 ............................................. Dated this the 3rd day of December, 2009 J U D G M E N T This is an appeal preferred against the award of the Claims Tribunal, Ottapalam in OP(MV)No.382/2004. The claimant, a pillion rider, sustained injuries in a road accident and the Tribunal has awarded him a compensation of Rs.10,483/= and directed the 2nd respondent to pay the compensation on the ground that it is a package policy. Challenging that decision, the insurance company has come up in appeal. 2. The learned counsel for the insurance company has made available before me a copy of the circular issued by the Insurance Regulatory and Development Authority dated 16.11.2009. The above circular make it clear the liability of insurance companies in respect of occupant of a private car and pillion rider in a two wheeler under standard motor package policy. 3. So, in the light of the said circular and as the policy involved in the case is a package policy with usual : 2 : conditions, it has to be held that the insurance company is liable to pay the amount. 4. Therefore, in the light of the circular as well as the decision 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), it is held that the insurance company is liable to pay the compensation. The appeal lacks merit and the same is dismissed. M.N. KRISHNAN, JUDGE cl : 3 :