IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE A.K.BASHEER & THE HONOURABLE MR. JUSTICE P.Q.BARKATH ALI FRIDAY, THE 6TH AUGUST 2010 / 15TH SRAVANA 1932 MACA.No. 764 of 2009() ---------------------- ( O.P.(MV)NO.421/2006 OF MACT, KOTTAYAM) APPELLANT(S): 3RD RESPONDENT ---------------------------- UNITED INDIA ASSURANCE CO.LTD, KOTTAYAM. BY ADV. SRI.P.V.JYOTHI PRASAD RESPONDENT(S): PETITIONER & RESPONDENTS 1 & 2 --------------------------------------------- 1. CHAKAPPAN @ RAJI, KATTADI HOUSE, VALIYAKULAM, CHEERANCHIRA.PO,CHANGANACHERRY. 2. TOMICHAN,KANHIRATHUMOOTTIL HOUSE, PLASSANAL.PO, THALAPPALAM, PALA. 3. BIJU K. THOMAS, KATTADI HOUSE, THURUTHY.PO, CHANGANASSERY. ADV. SRI.M.J.THOMAS THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 06/08/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: A.K.BASHEER & P.Q.BARKATH ALI, JJ. - - - - - - - - - - - - - - - - - - - - - M.A.C.A.No.764 OF 2009 - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 6th day of August, 2010 JUDGMENT Basheer, J. This appeal which is at the instance of the Insurance Company is directed against the award passed by the Motor Accidents Claims Tribunal, directing the appellant to indemnify the owner of the two wheeler, which was involved in the accident. The victim was travelling as a pillion at the time of the accident. 2. This appeal has been filed with a primary contention that the package policy issued by the appellant will not cover the risk in respect of a pillion rider. 3. It is brought to our notice that it is now settled that the Insurance Company will be liable to indemnify the owner, if it is a package policy. In that view of the matter, the liability of the appellant cannot be disputed. Therefore, the appeal is dismissed. A.K.BASHEER, JUDGE P.Q.BARKATH ALI, JUDGE sv.