IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN FRIDAY, THE 19TH FEBRUARY 2010 / 30TH MAGHA 1931 MACA.No. 1987 of 2009() -------------------------------- OPMV.1338/2004 of MOTOR ACCIDENT CLAIMS TRIBUNAL, MANJERI .................... APPELLANT(S): 3RD RESPONDENT ----------------------- THE NATIONAL INSURANCE CO. LTD. MANJERI, REPRESENTED BY ITS MANAGER, REGIONAL OFFICE, 2ND FLOOR,OMANA BUILDING, M.G.ROAD,KOCHI -35. BY ADVS.MR.GEORGE CHERIAN (THIRUVALLA) MR.ALEXY AUGUSTINE SMT.K.S.SANTHI SMT.K.T.MARY RESPONDENT(S): CLAIMANT/ RESPONDENTS 1 & 2 -------------------------- 1. SHAHIN,S/O. IBRAHIM,KOLAKKODAN HOUSE VADAKKUMURI, URANGATTIRI PO,AREACODE VIA, MALAPPURAM DT. 2. SABEEBULLA.K.M., S/O.SAID @ IBRAHIM, KANHIRAMADATHIL HOUSE VADAKKUMMURI, URANGATTIRI PO, AREACODE VIA, MALAPPURAM DT. 3. P.P.ABDURAHIMAN, S/O.AHAMMED PALLIPPARAMBAN HOUSE, KIZHUPARAMBA PO AREACODE VIA, MALAPPURAM DISTRICT. ADV. MR.K.M. SATHYANATHAMENON THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 19/02/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: tss M.N. KRISHNAN, J. ........................................... M.A.C.A. No.1987 OF 2009 ............................................. Dated this the 19th day of February, 2010. J U D G M E N T This is an appeal preferred against the award of the Claims Tribuinal, Manjeri in OP(MV)No.1338/2004. The claimant a pillion rider sustained injuries in a road accident and the tribunal has awarded him a compensation of Rs.65,450/= and directed the insurance company to pay the amount. Aggrieved by the liability cast on the insurance company, it has come up in appeal 2. Heard the learned counsel for the insurance company. Admittedly, the vehicle is covered by a comprehensive policy. When it is a comprehensive policy, the matter has been cleared by a clarificatory circular issued by the Insurance Regulatory and Development Authority dated 16..1.2009. As per the said circular, the passengers in a private vehicle and persons carried in a two wheeler are covered by the terms and conditions of the standard motor package policy. The conditions of the said policy had come up for consideration before the two Division Benches of this : 2 : M.A.C.A. No.1987 OF 2009 Court in the decisions reported in New India Assurance Co. Ltd. v. Hydrose (2008 (3) KLT 778) and in Mathew v. Shaji Mathew (2009 (3) KLT 813). In both these cases the Division Benches had taken the view that the terms and conditions of the policy cover the risk of the person and therefore no additional premium is necessary. 3. Therefore in the light of the clarificatory circular and the Division Bench rulings, the insurance company is bound to pay the amount and there is nothing to interfere with the decision of the order of the Claims Tribunal. The appeal lacks merit and the same is dismissed. M.N. KRISHNAN, JUDGE cl : 3 : M.A.C.A. No.1987 OF 2009