IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN WEDNESDAY, THE 9TH DECEMBER 2009 / 18TH AGRAHAYANA 1931 MACA.No. 998 of 2007(B) ---------------------------- OPMV.1546/2001 of MOTOR ACCIDENT CLAIMS TRIBUNAL, IRINJALAKUDA .................... APPELLANT(S): /PETITIONER ------------------------------------ JAFFAR, S/O PALAYAMKOTTUKARAN SATHAR, KATTUNGACHIRA DESOM, IRINJALAKUDA VILLAGE, THRISSUR DISTRICT. BY ADV. SRI.T.N.MANOJ RESPONDENT(S): RESPONDENTS ----------------------------------------- 1. SHAIK MOHAMMED, S/O VETTUKKAL MOIDEEN, VASUPURAM DESOM, MATTATHUR, THRISSUR DISTRICT. 2. SHAMSEER M.K., MUTHRATHIPARAMBIL HOUSE, KALLETTUMKARA, THRISSUR DISTRICT. 3. THE MANAGER, ORIENTAL INSURANCE CO. LTD., CITY HEIGHTS BUILDINGS, CHALAKUDY. ADV. DR.ELIZABETH VARKEY FOR R3 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 09/12/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: M.N. KRISHNAN, J. = = = = = = = = = = = = = = M.A.C.A. NO. 998 OF 2007 = = = = = = = = = = = = = = = Dated this the 9th day of December, 2009. J U D G M E N T This appeal is preferred against the award of the Motor Accidents Claims Tribunal, Irinjalakuda in O.P.(MV)1546/01. The claimant was a pillion rider in a motorcycle which met with an accident and the Tribunal awarded him a compensation of Rs.61,113/- with 6% interest and made the owner and driver liable to pay the amount and exonerated the insurance company from the liability. It is against that finding the claimant has come up in appeal. 2. Heard the learned counsel for the appellant as well as the insurance company. At the out set I may like to point out that a very elaborate written statement is seen filed by the insurance company but no contention is raised with respect to its non liability on the ground that the claimant was a pillion rider. When there is no pleadings no Court of law is expected to consider that and give a finding. So on M.A.C.A. 998 OF 2007 -:2:- that ground alone the appeal deserves to be allowed. But in order to have a complete picture it is desirable to consider it on merits as well. 3. Admittedly the vehicle is covered by a comprehensive policy. Recently, the Insurance Regulatory and Development Authority by virtue of the Circular dated 16.11.2009 had made it clear that insurance company'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. So the comprehensive policy also contains the same clause. Similarly these clauses had come 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 Mathew v. Shaji Mathew (2009 (3) KLT 813). The Courts have held that since the conditions of policy covers the risk, no additional premium is necessary. So on merits as well the insurance company is bound to pay the amount. M.A.C.A. 998 OF 2007 -:3:- In the result the MACA is partly allowed and the finding of the Tribunal exonerating the insurance company from the liability is set aside and it is made liable and it is directed to pay the amount within a period of 60 days from the date of receipt of a copy of the judgment. M.N. KRISHNAN, JUDGE. ul/-