IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN MONDAY, THE 30TH AUGUST 2010 / 8TH BHADRA 1932 MACA.No. 1869 of 2009(C) ----------------------------- OPMV.1369/2003 of MOTOR ACCIDENT CLAIMS TRIBUNAL, NORTH PARAVUR .................... PETITIONER/APPELLANT ------------------------------ PRAJEESH, S/O.LATE PRADEEPAN, KOOVAPARAMBIL (H),CHERAI P.O. BY ADV. SRI.P.V.ELIAS RESPONDENT(S): RESPONDENTS -------------------------------------- 1. LALU VINCENT, THAIPARAMBIL, JANATHA BEACH ROAD,CHERAI P.O. 2. V.S.MURALI,S/O.SIVASANKARAN, VELIYIL (H),ANACHAI,KARUMALLOOR. 3. UNITED INDIA INSURANCE CO.LTD., JOY'S BUILDING,M.G.ROAD,COCHIN. ADV. SRI.A.A.MOHAMMED NAZIR FOR R3 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 30/08/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: M.N. KRISHNAN, J. = = = = = = = = = = = = = = M.A.C.A. NO. 1869 OF 2009 = = = = = = = = = = = = = = = Dated this the 30th day of August, 2010. J U D G M E N T This appeal is preferred against the award of the Motor Accidents Claims Tribunal, North Paravur in O.P.(MV) 1369/03. The claimant, a pillion rider, sustained injuries in a road accident. He had suffered multiple abrasions on various parts of the body and he had a fracture of the mandible. Post reduction was done. He was treated in the hospital for five days. The Tribunal has awarded him a compensation of Rs.22,000/- of which Rs.7,000/- represents the medical expenses. The Tribunal has awarded Rs.10,000/- towards pain and sufferings. The award is adequate so far as the claim is concerned. 2. The other point is regarding the exoneration of the insurance company from the liability. Admittedly the claimant was a pillion rider. In paragraph 10 of the award it is very clearly stated, “It is a package policy of a two wheeler motorcycle/scooter.” But the Tribunal exonerated the M.A.C.A. 1869 OF 2009 -:2:- insurance company on the ground that no additional premium has been collected for the coverage. By virtue of the clarificatory circular dated 16.11.2009 issued by the Insurance Regulatory and Development Authority the persons carried in a two wheeler are covered under the terms and conditions of Standard Motor Package Policy. Similarly, the very same clause came 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 Mathew v. Shaji Mathew (2009 (3) KLT 813). In both these cases the Division Bench took the view that the terms and conditions of the policy cover the risk of a pillion rider and no additional premium is necessary. Therefore the finding of the Tribunal exonerating the insurance company from the liability is set aside and it is made liable. In the result the MACA is partly allowed confirming the quantum of compensation but setting aside the finding on exoneration of the liability of the insurance company. The M.A.C.A. 1869 OF 2009 -:3:- insurance company is made liable and it is directed to deposit the amount within a period of 60 days from the date of receipt of a copy of this judgment. M.N. KRISHNAN, JUDGE. ul/-