IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN WEDNESDAY, THE 19TH MAY 2010 / 29TH VAISAKHA 1932 MACA.No. 3009 of 2008() ------------------------------------ OPMV.850/2003 of MOTOR ACCIDENT CLAIMS TRIBUNAL, THRISSUR .................... APPELLANT/2ND RESPONDENT ----------------------------------------------- NATIONAL INSURANCE COMPANY LTD., AMBIKA ARCADE, M.G. ROAD, THRISSUR. BY ADV. SRI.RAJAN P.KALIYATH RESPONDENTS/CLAIMANT AND R1: ----------------------------------------------------- 1. UMMER, S/O. UMMAD MUSLIAR, KANIYANTHARA HOUSE, ELAVALLY, VILLAGE, POST PANDARAKKAD, THRISSUR. 2. P.A. MUKTHAR, S/O. AHAMMED, KUDAPARAMBIL HOUSE, ELAVALL, POST PANDARAKKAD, THRISSUR. R2 BY ADV. SRI.T.A. SHAJI. THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 19/05/2010,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: MACA.No. 3009 of 2008 ORDER ON I.A. NO.3475/2008 IN MACA NO.3009/2008 DISMISSED 19/05/2010. SD/- M.N.KRISHNAN, JUDGE //TRUE COPY// P.A. TO JUDGE rs. M.N. KRISHNAN, J. = = = = = = = = = = = = = = M.A.C.A. NO. 3009 OF 2008 = = = = = = = = = = = = = = = Dated this the 19th day of May, 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)850/03. The claimant, a pillion rider sustained injuries in a road accident and the Tribunal awarded him a compensation of Rs.30,600/-. The insurance company has come up in appeal challenging the liability. 2. It is brought to my notice that the vehicle is covered by a package policy. When it is a package policy by virtue of the clarificatory circular dated 16.11.2009 issued by the Insurance Regulatory and Development Authority the persons carried in a private vehicle and persons carried in a two wheeler are covered under the terms and conditions of Standard Motor Package Policy. Similarly, 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) has laid down that the terms and conditions of the policy cover the M.A.C.A. 3009 OF 2008 -:2:- risk of a pillion rider. Therefore by virtue of the clarificatory Circular as well as by virtue of the decisions referred to above it has to be held that the insurance company is bound to pay the amount. Hence there is nothing to interfere with the decision rendered by the Tribunal. So the appeal lacks merit and the same is dismissed. Sd/- M.N. KRISHNAN, JUDGE. ul/- [true copy] P.A. To Judge.