IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE A.K.BASHEER & THE HONOURABLE MR. JUSTICE P.Q.BARKATH ALI MONDAY, THE 10TH JANUARY 2011 / 20TH POUSHA 1932 MACA.No. 473 of 2007() ----------------------------- (O.P.(MV)3078/2001 OF MOTOR ACCIDENT CLAIMS TRIBUNAL, THRISSUR) ......... APPELLANT/2ND RESPONDENT. --------------------------------------- NATIONAL INSURANCE COMPANY LIMITED, THRISSUR NOW REPRESENTED BY ITS ADMINISTRATIVE OFFICER, KOCHI REGIONAL OFFICE, AJAY VIHAR, M.G.ROAD, KOCHI-16. BY ADV. SRI.MATHEWS JACOB, SENIOR ADVOCATE RESPONDENT(S): PETITIONER AND 1ST RESPONDENT. ---------------------------------------------------------------- 1. PAULY A.V., S/O.VARGHESE, ARANGATHUPARAMBIL HOUSE, VARANDARAPPILLY P.O., NOW RESIDING AT CHITTILAPPILLY HOUSE, T.C.C.39/999, VADOOKKARA P.O., THRISSUR DISTRICT. 2. M.T.LOPPANS, MULLAKKARA HOUSE, PUDUKAD P.O., KANJOOR, THRISSUR DISTRICT. R1 BY ADVS. SRI.THOMAS ABRAHAM SRI.K.B.ARUN KUMAR R2 BY ADV. SRI.J.N.MANOJ THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING COME UP FOR ADMISSION ON 10/01/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: svs A.K.BASHEER & P.Q.BARKATH ALI, JJ. -------------------------------------------------- M.A.C.A. No.473 OF 2007 -------------------------------------- Dated this the 10th day of January, 2011. J U D G M E N T A.K.BASHEER. J. This appeal is at the instance of the insurer of a vehicle, which was involved in a road traffic accident. The injured/victim, who had been travelling on the pillion of a motor cycle had sustained grave injuries. The Tribunal, after considering the claim made by the victim, awarded a sum of Rs.3,91,400/- with interest and cost and directed the appellant/insurer to indemnify the owner of the two wheeler. Hence this appeal. 2. The primary grievance of the appellant is that the Tribunal was not justified in mulcting the appellant with the liability to indemnify the owner since the policy in question did not cover the risk of pillion rider, though it was a comprehensive policy. 3. Sri.Mathews Jacob, learned Senior Counsel, who appears for the appellant submits that in view of the clarification issued by the Insurance Regulatory Development Authority, the above plea is no more available to the appellant. He concedes M.A.C.A. No.473 OF 2007 2 that the appellant is liable to indemnify the owner in view of the clarification issued by the authority. 4. The next contention raised by the learned Senior Counsel is that the quantum of compensation awarded by the Tribunal is exorbitant. We have perused the materials available on record and considered the nature of injury sustained by the victim. In our view, the compensation awarded by the Tribunal is only just and reasonable. In that view of the matter, no interference is warranted. Appeal fails and is accordingly dismissed. A.K.BASHEER, JUDGE. P.Q.BARKATHALI, JUDGE. dmb