IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN FRIDAY, THE 5TH MARCH 2010 / 14TH PHALGUNA 1931 MACA.No. 2367 of 2008() ----------------------- OPMV.470/2003 of MOTOR ACCIDENT CLAIMS TRIBUNAL, MANJERI .................... APPELLANT(S): 1ST RESPONDENT ---------------------------- BABYKUTTY S/O. SAMUEL, AGED 49 YEARS, RESIDING AT MUNDU KOTACKAL HOUSE, UPPADA POST, NILAMBUR, MALAPPURAM DIRSTRICT. BY ADVS. SMT.T.D.RAJALAKSHMI MR.R.SREEHARI RESPONDENT(S): PETITIONER & 2ND RESPONDENT --------------------------- 1. SARAMMA W/O. BABYKUTTY, MUNDU KOTTACKAL HOUSE,THANNIMOOLA, UPPADA POST, NILAMBUR, MALAPPURAM DISTRICT. 2. THE ORIENTAL INSURANCE COMPANY LTD., BRANCH OFFICE, JASEELA COMPLEX, NILAMBUR ROAD, NAJERY. R1 BY ADV MR.K.RAJESH SUKUMARAN R2 BY ADV. MR.GEORGE CHERIAN (THIRUVALLA) R1 BY ADV. MR.RAJESH SUKUMARAN R2 BY ADV. MR.GEORGE CHERIAN(THIRUVALLA) THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 05/03/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: tss M.N.KRISHNAN,J. ====================== M.A.C.A. No. 2367 OF 2008 ====================== Dated this the 5th day of March 2010. JUDGMENT This is an appeal preferred against the award of the Motor Accidents Claims Tribunal, Manjeri in O.P.(MV). No.470/2003. The claimant, a pillion rider in a two wheeler sustained injuries and Tribunal awarded compensation of Rs.39,550/-But the Tribunal exonerated the Insurance Company from the liability on the ground that no additional premium is paid for the said purpose. The Tribunal relied on the decision of this Court reported in Mathew Joseph V. Janaki, (2007(1) KLT 747). 2. The Tribunal has failed to consider the terms and conditions of the policy. The policy is a comprehensive policy. When it is a comprehensive/package policy as per the clarificatory circular issued by Insurance Regulatory and Development Authority dated 16.11.2009, passengers carried in a private vehicle and persons traveling in two wheeler are covered by the terms and conditions of M.A.C.A. No. 2367 OF 2008 2 standard Motor Package Policy. Further two Division Benches of this court in the decisions reported in New India Assurance Company Limited V. Hydrose,(2008 (3) KLT 778 and Mathew V. Shaji Mathew, 2009(3) KLT 813) had considered the conditions of the policy and held that the terms and conditions cover the risk of the pillion rider. Therefore, in the light of the clarificatory circular and decisions, the Insurance Company can not get exoneration from the liability. Therefore, the award under challenge so far as it relates to the exoneration of the Insurance Company from the liability is set aside and it is made liable. 3. Therefore, M.A.C.A is allowed and the Insurance Company is made liable to pay the amount awarded. The company shall deposit the amount. Therefore, the Insurance Company is directed to deposit the amount awarded within a period of 60 days from the date of the receipt of the copy of the judgment. If any amount that is deposited by the M.A.C.A. No. 2367 OF 2008 3 owner has been disbursed to the claimant and the said amount be reimbursed to the owner as well. Disposed of accordingly. M.N.KRISHNAN,JUDGE. mns