IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN FRIDAY, THE 15TH JANUARY 2010 / 25TH POUSHA 1931 MACA.No. 288 of 2009() ---------------------- OPMV.1056/2004 of MOTOR ACCIDENT CLAIMS TRIBUNAL, IRINJALAKUDA .................... APPELLANT(S): PETITIONER: -------------------------------------------- SHIHAB, AGED 24 YEARS, S/O. PAZHUPARAMBIL MOHAMMED, P.O. ERIYAD, MANAPATTCHAL, KODUNGALLUR, THRISSUR DISTRICT. BY ADV. SMT.JEENA JOSEPH RESPONDENT(S): RESPONDENTS: ---------------------------------------------------- 1. P.M. RASHEED, S/O. PAZHUPARAMBIL MOHAMMED, P.O. ERIYAD, MANAPATCHAL, KODUNGLALLUR, THRISSUR DISTRICT. 2. RAFI, -DO-..DO.... 3. ORIENTAL INSURANCE CO. LTD., BRANCH OFFICE, MANAPPAT BUILDING, NORTH NADA, KODUNGALLUR. THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 15/01/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss M.N. KRISHNAN, J. ........................................... M.A.C.A.No.288 OF 2009 ............................................. Dated this the 15th day of January, 2010. J U D G M E N T This is an appeal preferred against the award of the Claims Tribunal, Irinjalakuda in OP(MV)No.1056/2004. The claimant while travelling as a pillion rider sustained injuries when the motor cycle hit on a pedestrian and overturned. The claimant sustained fracture of the clavicle and the Tribunal has awarded him a compensation of Rs.15,800/= and exonerated the insurance company from the liability on the ground that the policy does not cover the risk of a pillion rider. It is challenging the quantum as well as the liability of the insurance company, the claimant has come up in appeal. 2. So far as the quantum is concerned, the claimant sustained fracture of the clavicle and he was an inpatient in a hospital for two days. No serious complications had developed. The tribunal had accepted the medical bills, granted reasonable amount for the same, awarded two months' loss of income, Rs.8,000/= as pain and sufferings M.A.C.A.No.288 OF 2009 2 and Rs.3,000/= for discomfort and loss of amenities. So, the amount awarded is just and reasonable and it does not call for any interference. 3. The next question is regarding the liability of the insurance company. A perusal of para-8 of the award would reveal that the policy issued is a package policy. By virtue of the clarificatory circular issued by the Insurance Regulatory and Development Authority dated 16.11.2009, it is clarified that occupants carried in a private car and pillion riders carried in a two wheeler are covered under the standard motor package policy. Further the clause in the package policy that whether the policy covers the risk in respect of death or bodily injury to any person including occupants carried in the vehicle other than for hire or reward came up for consideration before the two Division Benches of this Court in New India Assurance Co. Ltd. v Hydrsoe (2008 (3) KLT 778) and Mathew v. Shaji Mathew (2009 (3) KLT 813). In both the decisions, the court held that the insurance company is bound by the terms and conditions of the policy. 4. Therefore in the light of the two decisions coupled with the clarificatory circular, the insurance company is M.A.C.A.No.288 OF 2009 3 liable to pay the amount. Therefore, the finding of the Tribunal that the insurance company is to be exonerated from the liability is set aside and it is made liable. In the result, the MACA is partly allowed. The finding on the quantum of compensation is confirmed and the finding of exoneration of liability of the insurance company is set aside and it is made liable. The insurance company is directed to deposit the amount due under the award within a period of 60 days from the date of receipt of a copy of this judgment. M.N. KRISHNAN, JUDGE cl M.A.C.A.No.288 OF 2009 4