IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN TUESDAY, THE 6TH JULY 2010 / 15TH ASHADHA 1932 MACA.No. 744 of 2010() --------------------------------- OPMV.251/2003 of MOTOR ACCIDENT CLAIMS TRIBUNAL, ERNAKULAM .................... APPELLANT(S): LEGAL HEIRS OF LATE PETITIONER ------------------------ 1. SMT.RATNAMMA, AGED 54 YEARS, WIFE OF LATE SRI.A.K.VISWAMBARAN. 2. ANJU VISWAMBARAN, AGED 30 YEARS, DAUGHTER OF LATE SRI.A.K.VISWAMBARAN. 3. AVINASH VISWAMBARAN, AGED 28 YEARS, SON OF LATE SRI.A.K.VISWAMBARAN. ( ALL APPELLANTS RESIDING AT PUTHENVEETTIL HOUSE, MONIPPALLY VILLAGE, MONIPPALLY PO, KOTTAYAM DT., KOTTAYAM TALUK, PIN-686636.) BY ADV. SRI.ANIL S.RAJ SMT.K.N.RAJANI SRI.RADHIKA RAJASEKHARAN P. SMT.ANILA PETER SMT.BEENA DEVASSY RESPONDENT(S): RESPONDENTS -------------------------- 1. VENUGOPALAN NAIR, S/O.A.P.RAMAN NAIR, KUTHIRAYATTATHIL HOUSE, ETTUMANNOOR P.O., KOTTAYAM.(H.NO.35/1250, PIOUS GIRLS HIGH SCHOOL ROAD, NEAR ANCHUMANA TEMPLE, EDAPPALLY SOUTH PO. 2. THE UNITED INDIA INSURANCE CO.LTD., REP.BY IT'S MANAGER, DIVISIONAL OFFICE, KOTTAYAM. 3. AZAD A.A., S/O.ABDUL RAHMAN, ASARIPARAMBIL HOUSE, THRIKKAKARA P.O., KOCHI-21. M.A.C.A. NO.744/2010 4. MUHAMMED ANAZ E.A., S/O.ABDUL RAHIMAN, EDAVANA HOUSE, ELOOR EAST, UDYOGAMANDAL P.O. 5. THE NATIONAL INSURANCE COMPANY LIMITED, REPRESENTED BY ITS MANAGER, BRANCH OFFICE, KALAMASSERY. R5 BY ADV. SRI.LAL GEORGE THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 06/07/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: tss M.N. KRISHNAN, J. ........................................... M.A.C.A.NO.744 OF 2010 ............................................. Dated this the 6th day of July, 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.251/2003. The claimant sustained injuries in a road accident and he has been directed to be paid Rs.25,023/= by the first respondent on the contention that additional premium has not been paid for the claimant. He was travelling as a pillion rider in the motor cycle. A perusal of para 8 of the award would reveal that the vehicle was covered by a package policy. The learned Tribunal held that in the light of non-payment of additional premium, the insurance company is liable to be exonerated. There is a prayer for enhancement of the compensation which is not substantiated by materials and therefore not granted. 2. Now by virtue of a clarificatory circular issued by the Insurance Regulatory and Development Authority dated 16.11.2009, passengers carried in a private vehicle and persons travelling in a two wheeler are covered by the : 2 : M.A.C.A.NO.744 OF 2010 terms and conditions of the standard motor package policy. The conditions of this policy came up for consideration before the 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 decisions, the Division Benches held that terms and conditions of the policy will cover the risk of a pillion rider and no additional premium is necessary for such coverage. Therefore, in the light of the authoritative pronouncement of this Court coupled with the clarificatory circular issued by the concerned authority, the insurance company has to be made liable and it is made liable. 3. Therefore the award under challenge is modified and the finding that the insurance company is not liable for the amount is set aside and the second respondent namely the United India Insurance Company is directed to pay the amount awarded 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.744 OF 2010 : 4 : M.A.C.A.NO.744 OF 2010