IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN MONDAY, THE 22ND FEBRUARY 2010 / 3RD PHALGUNA 1931 MACA.No. 2741 of 2009() ----------------------- OPMV.3121/2001 of MOTOR ACCIDENT CLAIMS TRIBUNAL, THRISSUR .................... APPELLANT(S): 3RD RESPONDENT: ------------------------------------------------------ THE ORIENTAL INSURANCE COMPANY LIMITED, KUNNAMKULAM NOW REPRESENTED BY ITS ASSISTANT MANAGER, REGIONAL OFFICE, METRO PALACE, KOCHI-18. BY MR.MATHEWS JACOB, SENIOR ADVOCATE, BYADV. MR.P.JACOB MATHEW. RESPONDENT(S): PETITIONER AND RESPONDENTS 1 & 2: --------------------------------------------------------------------------------------- 1. ABDUL NAVAS @ NAVAS, S/O.MOHAMMED, MULLAPPULLY HOUSE, VELLARAKKAD P.O., VELLATHERY DESOM, VIA ERUMAPETTY, THRISSUR DISTRICT. 2. SULAIMAN, ALUNGAL HOUSE, VELLARAKKAD P.O., VIA ERUMAPETTY, THRISSUR DISTRICT. 3. SHAJU, S/O.SIVARAMAN, PUTHUVAZHI HOUSE, X/344, PURANATTUKARA, THRISSUR DISTRICT. THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING COME UP FOR ADMISSION ON 22/02/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss ORDER ON I.A.NO.3218/2009 IN MACA NO.2741/2009 DISMISSED 22/02/2010 SD/- M.N.KRISHNAN, JUDGE /TRUE COPY/ P.A.TO JUDGE Kss M.N. KRISHNAN, J. = = = = = = = = = = = = = = M.A.C.A. NO. 2741 OF 2009 = = = = = = = = = = = = = = = Dated this the 22nd day of February, 2010. J U D G M E N T This appeal is preferred against the award of the Motor Accidents Claims Tribunal, Thrissur in O.P.(MV)3121/01. The claimant, a pillion rider sustained injuries in a road accident and the Tribunal has awarded a compensation of Rs.61,220/- with 7% interest. The insurance company has come up in appeal against this decision on the ground that the policy does not cover the risk of a pillion rider as no additional premium is paid. 2. Admittedly the policy involved is a comprehensive policy. It is also said that as per the conditions clause II(1) (i) the insurance company has undertaken to cover the death or bodily injury to any person including persons conveyed on the motorcycle provided such person is not carried for hire or reward. So far as the comprehensive/package policies are concerned by virtue of the Circular dated 16.11.2009 of the Insurance Regulatory and Development Authority, it had M.A.C.A. 2741 OF 2009 -:2:- made it clear that insurance company's liability in respect of occupants carried in a private car and pillion rider carried in a two wheeler is covered under the Standard Motor Package Policy. The said point has come up for consideration before 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). In both these decisions the Court held that by virtue of the terms and conditions of the policy the insurance company is liable to pay the amount. Therefore by virtue of the clarificatory Circular as well as by virtue of the decisions referred to above the insurance company is bound to indemnify. Hence the appeal is devoid of merits and the same is dismissed. M.N. KRISHNAN, JUDGE. ul/-