IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE A.K.BASHEER THE HONOURABLE MR. JUSTICE P.Q.BARKATH ALI WEDNESDAY, THE 22ND JUNE 2011 / 1ST ASHADHA 1933 MACA.No. 477 of 2007() ---------------------- OPMV.3/2006 of MOTOR ACCIDENT CLAIMS TRIBUNAL, TIRUR .................... APPELLANT(S): 2ND RESPONDENT -------------------------------------- NATIONAL INSURANCE COMPAY LIMITED, TIRUCHIRAPPALLY NOW REPRESENTED BY ITS MANAGER, KOCHI REGIONAL OFFICE, AJAY VIHAR M.G.ROAD, KOCHI-16. BY ADV. SRI.MATHEWS JACOB, SENIOR ADVOCATE RESPONDENT(S): PETITIONERS AND IST RESPONDENT --------------------------------------------------------- 1. KULAKKATTIL JAFAR,S/O.KOYAMU HAJI, KULAKKATTIL HOUSE,OMACHAPUZHA P.O, KARINGAPPARA- 676 320. 2. JASEELA RAMSI (MINOR) -DO- 3. FATHIMA JAFLA (MINOR), -DO- 4. P.MOHAMMED,S/O.KUNHAMMED,13/349, PERINCHEERY HOUSE,PARAMBILPEDIKA P.O,VARAPPARA, MALAPPURAM 676 317. ADV. SRI.P.CHANDRASEKHAR FOR R1 TO 3 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 22/06/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: A.K.BASHEER & P.Q.BARKATH ALI, JJ. =~=~=~=~=~=~=~=~=~=~=~=~=~=~=~=~= M.A.C.A. No. 477 of 2007 =~=~=~=~=~=~=~=~=~=~=~=~=~=~=~=~= Dated this the 22nd day of June, 2011 JUDGMENT Basheer, J. The only question, which arises for consideration in this appeal preferred by the insurer of a vehicle that was involved in a motor accident, is whether the Tribunal was justified in mulcting the appellant with the liability to indemnify the owner of the vehicle. 2. The case of the appellant before the Tribunal was that since no additional premium has been collected in respect of the vehicle, the pillion rider was not covered under the policy. The said contention was not accepted by the Tribunal and the impugned award was passed directing the appellant to pay the compensation. The said finding is primarily challenged in this appeal. 3. When this appeal is taken up for consideration, Sri. Mathews Jacob, learned Senior counsel who appears for the appellant, submits that the policy in question being a MACA 477/2007 2 “package policy”, the pillion rider will also be covered under the same. In other words, the appellant concedes that it is liable to indemnify the registered owner of the vehicle. In that view of the matter, the appeal fails and it is accordingly dismissed. A.K.BASHEER, JUDGE P.Q.BARKATH ALI, JUDGE mn.