IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN WEDNESDAY, THE 15TH DECEMBER 2010 / 24TH AGRAHAYANA 1932 MACA.No. 615 of 2010(F) ----------------------------------- [O.P(MV).NO.1230/2001 OF ADDITIONAL MOTOR ACCIDENTS CLAIMS TRIBUNAL, ERNAKULAM] .................... APPELLANT/PETITIONER: ------------------------------------- ROSY OLIVERO, AGED 40 YEARS, W/O. JOSEPH NELSON OLIVERO, PULICKAL HOUSE, NEAR REGAL BAKERY, MAMOTHIMUKKU, THEVARA.P.O, COCHIN -13. BY ADVS. SRI.R.SUDHISH, SMT.M.MANJU. RESPONDENTS/RESPONDENTS: ----------------------------------------------- 1. JAMES JUSTIN FERNANDEZ, S/O. CLEMENT FERNANDEZ, MALIAKKAL HOUSE, MOOLAMPILLY, KADAMAKKUDY, COCHIN -27. 2. JOSEPH NELSOM OLIVERO, S/O. JACOB OLIVERO, PULICKAL HOUSE, SAF ROAD, THEVARA.P.O, COCHIN -13. 3. THE ORIENTAL INSURANCE CO. LTD., BY ITS REGL. MANAGER, REGIONAL OFFICE GROUND FLOOR, METRO PLAZA, OPP. NORTH RAILWAY STATION, KOCHI-18. R3 BY SRI.MATHEWS JACOB, SENIOR ADVOCATE, ADV.SRI.P.JACOB MATHEW. THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING COME UP FOR ADMISSION ON 15/12/2010,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: prv. M.N. KRISHNAN, J. = = = = = = = = = = = = = = M.A.C.A. NO. 615 OF 2010 = = = = = = = = = = = = = = = Dated this the 15th day of December, 2010. J U D G M E N T This appeal is preferred against the award of the Motor Accidents Claims Tribunal, Ernakulam in O.P.(MV) 1230/01. The claimant, a pillion rider, sustained injuries in a road accident and the Tribunal granted a compensation of Rs.34,646/- but exonerated the insurance company from the liability holding that the policy does not cover the risk of a pillion rider. 2. Learned counsel for the appellant had made available before me for perusal a copy of the policy which would show that it is a motorcycle policy, B comprehensive. By virtue of a clarificatory circular dated 16.11.2009 issued by the Insurance Regulatory and Development Authority it is made clear that the persons carried in a private vehicle and persons carried in a two wheeler are covered under the terms and M.A.C.A. 615 OF 2010 -:2:- conditions of Standard Motor Package Policy. Similarly, two Division Benches of this Court in the decisions reported in New India Assurance Co. Ltd. v. Hydrose (2008 (3) KLT 778) and Mathew v. Shaji Mathew (2009 (3) KLT 813) has laid down that the terms and conditions of the policy cover the risk of a pillion rider without additional premium. Therefore the finding of the Tribunal that the insurance company is liable to be exonerated cannot be sustained and therefore it is set aside and the insurance company is made liable. In the result the M.A.C.A. is allowed and the award under challenge so far as it relates to the exoneration of the liability of the insurance company is set aside and it is made liable. But it is made clear that the claimant will not be entitled to claim any interest during the period of 26.2.2008 to 14.1.2010. M.N. KRISHNAN, JUDGE. ul/-