IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN THURSDAY, THE 27TH MAY 2010 / 6TH JYAISHTA 1932 MACA.No. 1296 of 2009() ------------------------------------- OPMV.403/2003 of MOTOR ACCIDENT CLAIMS TRIBUNAL, VADAKARA .................... APPELLANT(S): RESPONDENT ------------------------ UNITED INDIA INSURANCE COMPANY LTD., REP.BY ITS ASST, MANAGER, REGIONAL OFFICE, SHARANYA, HOSPITAL ROAD, KOCHI-11. BY ADV. SRI.RAJAN P.KALIYATH RESPONDENT(S): PETITIONER ------------------------- 1. SHAREEF(MINOR) AGED ABOUT 17 YEARS, REP.BY FATHER/NEXT FRIEND BASHEER, KALATHIL HOUSE, PURAKKAD AMSOM & DESOM, KOYILANDY TALUK. 2. K.MOOSA,S/O. KUNHALI, KALATHIL HOUSE, POST PPURAKKAD - 673522,KOYILANDY TALUK. THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 27/05/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: tss M.N.KRISHNAN, J ===================== MACA No.1296 OF 2009 ===================== Dated this the 27th day of May 2010 JUDGMENT This appeal is preferred against the award of the Motor Accidents Claims Tribunal, Vadakara in O.P.(MV)No.403 of 2003. The claimant sustained injuries in a road accident while travelling as a pillion rider and the Tribunal awarded a compensation of Rs.59,978/-. It is seen that the vehicle involved in this case was comprehensively insured. The Tribunal had cast the liability on the insurance company and it is challenging the same the insurance company has come up in appeal. 2. Heard the learned counsel for the appellant. Admittedly the vehicle is covered by a package policy. When it is a package policy by virtue of a circular dated 16.11.2009 issued by the Insurance Regulatory and Development Authority, a person travelling as a pillion rider is covered under the terms and conditions of a Standard Motor Package Policy. Further, the clause in the package policy 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 in Mathew v. Shaji MACA 1296/2009 -:2:- Mathew(2009(3) KLT 813). The court held that the terms and conditions of a package policy cover the risk of a pillion rider and therefore no additional premium is necessary. Therefore in the light of the clarificatory circular coupled with the decisions of this Court it has to be held that the insurance company is liable to pay the amount and there is no mistake committed by the Tribunal in fixing the liability on the insurance company. Therefore the appeal lacks merit and the same is dismissed. M.N.KRISHNAN, JUDGE Cdp/-