IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N. KRISHNAN MONDAY, THE 7TH DECEMBER 2009 / 16TH AGRAHAYANA 1931 MACA.No. 1820 of 2008(B) ----------------------- OPMV.313/2005 of MOTOR ACCIDENT CLAIMS TRIBUNAL, THODUPUZHA .................... APPELLANT/3RD RESPONDENT:- ----------------------------------- NATIONAL INSURANCE CO.LTD. DIVISIONAL OFFICE, KOTTAYAM REP. BY THE MANAGER, KOCHI REGIONAL OFFICE, M.G.ROAD, KOCHI-35. BY ADV. MR. E.M.JOSEPH RESPONDENTS/CLAIMANT & RESPONDENTS 1 & 2:- ---------------------------------------------------------- 1. M.P.PRAKASH, AGED 33, S/O.PARAMESWARAN, MALIYEKAL HOUSE, 12TH MILE ARAKKULAM VILLAGE 2. BINU.K.S., S/O.SUKUMARAN KARAKUNNATH HOUSE, KOLAPRA KARA, KUDAYATHOOR VILLAGE. 3. SHAJITHA, W/O.ABDUL SALAM, UKKINIVEETTIL HOUSE, UDUMBANNOOR PO., ADV. MR. LATHEESH SEBASTIAN FOR R3 MR. C.M.TOMY FOR R1 MR. MATHEW SKARIA FOR R1 MR. K.J.JOSEMON FOR R1 MR. SUJESH J.MATHEW FOR R1 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING COME UP FOR ADMISSION ON 07/12/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: M.N. KRISHNAN, J. ........................................... M.A.C.A.No.1820 OF 2008 ............................................. Dated this the 7th day of December, 2009 J U D G M E N T This is an appeal preferred against the award of the Claims Tribunal, Thodupzuah in OP(MV)No.313/2005. The claimant, a pillion rider of a two wheeler, sustained injuries in a road accident and he has been awarded a compensation of Rs.32,100/= and the insurance company was directed to pay the amount. It is against that decision, the insurance company has come up in appeal. 2. Admittedly the vehicle is covered by a package policy. It has been brought to my notice that the Insurance Regulatory and Development Authority by circular dated 16.11.2009 has considered the clause in the package policy and makes it clear that the insured’s liability in respect of occupants carried in a private car and in a two wheeler is covered under the standard motor package policy. Over and above this, the clause, death or bodily injury to any person including occupants carried in the vehicle provided such occupants are not carried for hire or reward but : 2 : M.A.C.A.No.1820 OF 2008 except so far as it necessary to meet the requirements of Motor Vehicles Act had 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 in Mathew v. Shaji Mathew(2009(3)KLT 813). In those decisions, the courts have taken the view that being a package policy and as the conditions stipulated undertake to cover the persons carried in a motor vehicle, no additional premium is necessary and therefore the insurance company is liable. So, in the light of these facts, the insurance company cannot be exonerated from the liability. Therefore the appeal lacks merit and it is dismissed. M.N. KRISHNAN, JUDGE cl