IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN THURSDAY, THE 30TH SEPTEMBER 2010 / 8TH ASWINA 1932 MACA.No. 680 of 2009 ------------------------------- (O.P.(MV).NO.840/2005 OF MOTOR ACCIDENTS CLAIMS TRIBUNAL, KOZHIKODE) .................... APPELLANT/CLAIMANT: ----------------------------------- SHANAVAS, S/O. ABU, AGED 26 YEARS, KUZHIKANDATHIL HOUSE, MEPPADI P.O., CHULLIKA ESTATE, WAYANAD. BY ADV. SMT.K.V.RESHMI. RESPONDENTS: ------------------------ 1. P.ABDUL LATHEEF, VALAPPILPOYIL HOUSE, P.O. KARANGAD, THAMARASSERY, KOZHIKODE DISTRICT. 2. NATIONAL INSURACE CO. LTD., DIVISION OFFICE, NOOR COMPLEX, MAVOOR ROAD, KOZHIKODE. R2 BY ADV. SRI.LAL GEORGE. THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 30/09/2010,THE COURT ON THE SAME DAY PASSED THE FOLLOWING: prv. M.N.KRISHNAN, J. ------------------------- M.A.C.A. No. 680 of 2009 ------------------------------------- Dated this the 30th day of September, 2010. J U D G M E N T This is an appeal preferred against the award of the Claims Tribunal, Kozhikode in OP(MV) No.840/2005. The claimant, who was a 23 year old young man sustained injuries in a road accident. The Tribunal has awarded him Rs.12,000/- as compensation and exonerated the insurance policy from the liability. Aggreived by the same on the quantum as well as the exoneration, the claimant has come up in appeal. 2. Heard the counsel for both sides. A perusal of the award would reveal that on 23.01.2005, the claimant has sustained injuries in the road accident as a result of which, he had sustained fracture of both bones of the leg and fracture of mandible. He was treated as an inpatient in the hospital from 23.01.2005 to 04.02.2005. The Tribual awarded him a global compensation of Rs.12000/-, which appears to be incorrect. The compensation is refixed as follows: Being a young man aged 23 years and even if he is considered as a manual labourer, Rs.2500/- per month can be M.A.C.A. No. 680 of 2009 2 taken as income and towards the actual loss of earning for three months Rs.7500/- is awarded. Towards the medical expenses, a sum of Rs.1,000/- granted and he was in the hospital of 10 days. Towards byestander expenses, a sum of Rs.1000/- is allowed. Towards extra nourishment and transport and damage to clothing, a sum of Rs.1000/- is allowed. Certainly fracture of both bones of leg and fracture of mandible, would have caused him agonising pain and therefore, I award Rs.10,000/- towards pain and suffering. This would have resulted in loss of amenities and enjoyment in life and therefore, I award Rs.5,000/- towards loss of amenities. Thus claimant is entitled to a total compensation of Rs.25,500/- of this Rs.12,000/- is paid and therefore, the claimant is entitled to an additional compensation of Rs.13,500/-. 3. The next question is regarding the exoneration of the insurance company from the liability. It is seen from the award, the policy is a package policy. When it is a package policy by virtue of the clarificatory circular issued by the Insurance Regulatory and Development Authority dated 16.11.2009 the persons carried in two wheeler and the passengers in a private M.A.C.A. No. 680 of 2009 3 vehicle are covered under the terms and conditions of a Standard Motor Package Policy. The conditions of the said package policy came up for consideration before the two Division Benches of this Court, in the decisions reported in New India Assurance Company Limited Vs. Hydrose (2008 (3) KLT 778) and Mathew Vs.Shaji Mathew (2009 (3) KLT 813). In both decisions, after considering the clauses the Court came to the conclusion that the terms and conditions of the policy cover the risk of the passengers in a private vehicle. Thus by virtue of the clarificatory circular coupled with the decision of the Division Benches, the insurance company is bound to pay the amount and therefore, the exoneration of the company from the liability is to be set aside and I do so. In the result, the M.A.C.A is allowed as follows: 1. The claimant is awarded an additional compensation of Rs.13,500/- with 7.5% interest on the said sum from the date of petition till realisation and the respondent insurance company is directed to deposit the said amount within a period of 60 days from the date of receipt of a copy of this judgment. M.A.C.A. No. 680 of 2009 4 2. The insurance company is also made liable to pay the amount already awarded with 7.5% interest, which also has to be deposited. M.N.KRISHNAN, JUDGE ln