IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN MONDAY, THE 7TH DECEMBER 2009 / 16TH AGRAHAYANA 1931 MACA.No. 453 of 2009() -------------------------------- OPMV.844/2006 of MOTOR ACCIDENT CLAIMS TRIBUNAL, PALA .................... APPELLANT(S): 2ND RESPONDENT ----------------------- NATIONAL INSURANCE COMPANY LTD., REPRESENTED BY ITS BRANCH MANGER, PALA. BY ADV. SRI.RAJAN P.KALIYATH RESPONDENT(S): CLAIMANT AND R1 -------------------------- 1. SHAJI JOSEPH, PANAYIL HOUSE, KAROOR POST, PALA. 2. ANEESH. P. NAIR, ARADHANA, THALAPPALAM POST. R1 BY ADVS. MR.ANIL S.RAJ, SMT.K.N.RAJANI, SRI.RADHIKA RAJASEKHARAN P., SMT.ANILA PETER. THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 07/12/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ORDER ON IA. NO.538/2009 IN MACA NO.453/2009 DISMISSED 07/12/2009 SD/- M.N.KRISHNAN, JUDGE TRUE COPY P.A. TO JUDGE tss M.N. KRISHNAN, J. ........................................... M.A.C.A.No.453 OF 2009 ............................................. Dated this the 7th day of December, 2009 J U D G M E N T This is an appeal preferred against the award of the Claims Tribunal, Pala in OP(MV)No.844/2006. The claimant a pillion rider sustained injuries in a road accident and he has been awarded a compensation of Rs.42,100/=. The insurance company was directed to pay the contribution and it is against that decision, the company has come up in appeal. 2. The contention of the insurance company is that though it is a package policy, as no additional premium is paid, the principle in United India Insurance Co. Ltd v. Tilak Singh [(2006 (2) KLT 884 (SC)] has to be extended and therefore the claimant will not be entitled to be paid by the insurance company. The learned Tribunal has extracted the conditions of the policy wherein the insurance company has agreed to indemnify the insured against all sums which the insured has become legally liable to pay in respect of death or bodily injury to any person carried in a vehicle other : 2 : M.A.C.A.No.453 OF 2009 than for hire or reward. Two Division Benches of this Court in the decisions reported in New India Assurance Co. Ltd. Hydrose (2008 (3) KLT 778) and in Mathew v. Shaji Mathew (2009 (3) KLT 813) have taken the view that by virtue of the said conditions the insurance company is bound to pay the amount. Recently on 16.11.2009 the Insurance Regulatory and Development Authority has issued a circular taking into consideration the conditions of the policy. The above circular makes it clear that the insured’s liability in respect of occupants carried in a private car and pillion rider carried in a two wheeler is covered under the standard motor package policy. 3. So, in the light of the two authoritative pronouncements coupled with the circular issued by the authority, nothing remains for consideration and the insurance company is liable to pay the amount. Therefore, the award does not call for any interference and so the appeal fails and it is dismissed. M.N. KRISHNAN, JUDGE cl : 3 : M.A.C.A.No.453 OF 2009