IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN FRIDAY, THE 22ND OCTOBER 2010 / 30TH ASWINA 1932 MACA.No. 1530 of 2010(C) ---------------------------- OPMV.1189/2004 of MOTOR ACCIDENT CLAIMS TRIBUNAL, MUVATTUPUZHA .................... APPELLANT(S): PETITIONER ----------------------------------- TOMY JOHN, KARIMTHOLIL HOUSE, KALLOORKAD PO. BY ADV. SRI.P.V.ELIAS SRI.K.UNNI VARGHESE RESPONDENT(S): RESPONDENT -------------------------------------- 1. JAYESH K.K. KOCHUKUDIYIL HOUSE, KALLOORKAD PO. 686668. 2. THE UNITED INDIA INSURANACE CO.LTD, VETTUKATTIL BUILDINGS,M.G.ROAD,ERNAKULAM.682016. ADV. SMT.S.JAYASREE FOR R2 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 22/10/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: M.N. KRISHNAN, J. = = = = = = = = = = = = = = M.A.C.A. NO. 1530 OF 2010 = = = = = = = = = = = = = = = Dated this the 22nd day of October, 2010. J U D G M E N T This appeal is preferred against the award of the Motor Accidents Claims Tribunal, Muvattupuzha in O.P. (MV)1189/04. The claimant, a pillion rider, sustained injuries in a road accident and the Tribunal awarded him a compensation of Rs.43,300/- and the insurance company has been exonerated from the liability. It is against that decision challenging the quantum and exoneration of the liability the claimant has come up in appeal. 2. Heard. A perusal would reveal that the contention of the appellant is that the vehicle is covered by a comprehensive or package policy. The nature of the policy is not seen stated clearly in the written M.A.C.A. 1530 OF 2010 -:2:- statement nor in the award. What is stated is that no additional premium is collected and therefore the insurance company is not liable. By virtue of the clarificatory circular issued by the Insurance Regulatory and Development Authority dated 16.11.2009 coupled with the two Division Bench decisions of this Court reported in New India Assurance Co. Ltd. v. Hydrose (2008 (3) KLT 778) and Mathew v. Shaji Mathew (2009 (3) KLT 813) if it is a comprehensive or a package policy a pillion rider will be covered. So I think the matter requires reconsideration. Since the matter requires reconsideration I direct the Tribunal to reconsider the quantum awarded and for this purpose both the sides are permitted to adduce evidence both documentary as well as oral, to substantiate their contentions. Irrespective of the finding I make it clear M.A.C.A. 1530 OF 2010 -:3:- that the claimant will not be entitled to get any interest for the period from 14.3.08 till 6.8.10 because of the delay he has caused in filing the appeal. Parties are directed to appear before the Tribunal on 23.11.10. Sd/- M.N. KRISHNAN, JUDGE. ul/- [true copy] P.A. To Judge.