IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN TUESDAY, THE 16TH MARCH 2010 / 25TH PHALGUNA 1931 MACA.No. 2739 of 2009() ----------------------- OPMV.1554/2003 of MOTOR ACCIDENT CLAIMS TRIBUNAL, TRIVANDRUM .................... APPELLANT(S): APPLICANT: ------------------------------------------- SADANANDAN, S/O.KUNJUKRISHNAN, 'PRABHAS', KAPPITHOTTAM, VEMB, ELAVATTOM PO, NEDUMANGAD, THIRUVANANTHAPURAM. BY ADV. MR.SAJU.S.A RESPONDENT(S): RESPONDENTS: ----------------------------------------------------- 1. SUMATHY, D/O.KALYANI, 'PRABHAS', KAPPITHOTTAM, VEMB, ELAVATTOM PO, NEDUMANGAD, THIRUVANANTHAPURAM. 2. MADHU, S/O.JOHNSON, MADHU BHAVAN, NEETANI, CHUTTIMANOOR PO, THIRUVANANTHAPURAM. 3. NEW INDIA ASSURANCE COMPANY LIMITED, DIVISIONAL OFFICE NO.1, KOTTARATHIL BUILDING ANNEXE, PALAYAM, THIRUVANANTHAPURAM. R3 BY ADVS. MR.VIJU THOMAS, SMT.M.MEENA JOHN. THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 16/03/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss M.N. KRISHNAN, J. ........................................... M.A.C.A.No.2739 OF 2009 ............................................. Dated this the 16th day of March, 2010. O R D E R This appeal is preferred against the award of the Claims Tribunal, Trivandrum in OP(MV)No.1554/2003. The claimant, an employee in the Zoo at Trivandrum, sustained injuries in a road accident while he was travelling as a pillion rider and the tribunal granted him a compensation of Rs.30,000/=, but exonerated the insurance company from the liability on the ground that no additional premium is paid for the coverage of the pillion rider. The claimant has come up in appeal for enhancement as well as against exoneration of liability of the insurance company. 2. Heard both sides. So far as enhancement is concerned, the claimant had sustained fracture of the distal radius right side. Long arm slab was applied on him. He had suffered oedema on the left interior orbital region. There was tenderness over left zygomatic region. He was having a total salary of Rs.7,405/=. He was advised to take leave for 111 days, but he did not produce any document to prove that : 2 : M.A.C.A.No.2739 OF 2009 he had taken 111 days leave and therefore the tribunal granted him loss of earning at Rs.12,710/=. 3. One cannot find fault with that because there are no materials to prove the same. But I find that the claimant had sustained a fracture coupled with oedema and some lacerated and incised injuries on the face at least over left zygomatic region. Therefore I am inclined to enhance the compensation for pain and sufferings by Rs.2,000/= and loss of amenities and enjoyment by Rs.2,000/= making an additional compensation of Rs.4,000/=. 4. The next question is regarding exoneration of liability of the insurance company. A perusal of the award would reveal that the vehicle was covered by a package policy. The Insurance Regulatory and Development Authority by virtue of the clarificatory circular issued on 16..11.2009 had made it clear that the passengers travelling in a private vehicle and persons carried in a two wheeler are covered by the terms and conditions of the standard motor package policy. The conditions of the package policy came up for consideration before two Division Benches of : 3 : M.A.C.A.No.2739 OF 2009 this Court in the decisions reported in New India Assurance Co. Ltd. v. Hydrose (2008 (3) KLT 778) and in Mathew v. Shaji Mathew (2009 (3) KLT 813). It was held by the Division Benches that the terms and conditions of the policy will cover the risk of the pillion rider. 5. Therefore in the light of the clarificatory circular coupled with the rulings of this Court, the insurance company is liable to pay the amount and the award exonerating the insurance company from the liability is set aside and I do so. 6. In the result, the MACA is partly allowed and the claimant is awarded an additional compensation of Rs.4,000/= with 7.5% interest on the said sum from the date of petition till realisation and the insurance company is directed to deposit the said amount as well as the amount awarded by the tribunal 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 : 4 : M.A.C.A.No.2739 OF 2009 : 5 : M.A.C.A.No.2739 OF 2009