IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN THURSDAY, THE 7TH JANUARY 2010 / 17TH POUSHA 1931 MACA.No. 737 of 2009() ---------------------- OPMV.392/2001 of the ADDL. MOTOR ACCIDENTS CLAIMS TRIBUNAL, PALAKKAD .................... APPELLANT/IST RESPONDENT: ----------------------------------- T.M.SOMADAS, S/O.MUTHUKRISHNA THARAKAR VI/12 THUTTIPPADAM,VATTEKKAD KOLLENGOD, CHITTUR TALUK. BY MR.A.R.GANGADAS, ADVOCATE RESPONDENTS/PETITIONER/2ND RESPONDENT: --------------------------------------------------------- 1. T.M.SIVADAS ,S/O.MUTHUKRISHNA THARAKAR ELAVANCHERY,THUTTIPPADAM, VATTEKKAD KOLLENGOD, CHITTUR TALUK. 2. THE NEW INDIA ASSURANCE CO.LTD BRANCH OFFICE M.A.LANE, T.B.ROAD PALAKKAD. BY MR.VPK.PANICKER, ADVOCATE FOR R2 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 07/01/2010, THE COURT ON THE SAME DAY, DELIVERED THE FOLLOWING: M.N.KRISHNAN,J =========================== M.A.C.A.No.737 of 2009 =========================== Dated this the 7th day of January, 2010 JUDGMENT This appeal is preferred against the award of the Claims Tribunal, Palakkad in O.P.(M.V).No.392/2001. The claimant, the pillion rider, sustained injuries in a road accident and the tribunal awarded a sum of Rs.91,800/-(Rupees ninety one thousand and eight hundred only). However, the tribunal found though the policy is a comprehensive policy it does not cover the risk of a pillion rider in a two wheeler and therefore exonerated the Insurance Company from the liability. Against that decision the owner of the vehicle has come up in appeal. 2. Heard the learned counsel for the appellant as well as the Insurance Company. Both of them have made available before me a copy of the policy for perusal. Admittedly, the policy is a comprehensive policy the said comprehensive policy contains usual conditions that the Insurance Company has undertaken to indemnify the risk of a person in respect of death or bodily injury caused to any person including occupant(s) M.A.C.A.No.737/2009 2 carried in a motor vehicle other than for hire or reward. This condition came up for consideration before the two Division Benches of this Court reported in New India Assurance Company Ltd. v. Hydrose (2008 (3) KLT 778) and Mathew v. Shaji Mathew (2009 (3) KLT 813). The Division Benches had taken the view that the terms and conditions of the Policy covered the risk of the person and therefore directed the Insurance Company to pay the amount. Subsequently, Insurance Regulatory and Development Authority also had issued a circular dated 16.11.2009 wherein it is clarified that the insured's liability in respect of the occupant(s) carried in a Private Car and Pillion Rider carried on Two-Wheeler is covered under the Standard Motor Package Policy. So, in the light of the authoritative pronouncement coupled with the clarification, the Insurance Company is liable to pay the amount. Therefore, the exoneration of the Insurance Company from the the liability is to be set aside and I do so and it is made liable to pay the amount. In the result, M.A.C.A is allowed and the exoneration of the Insurance Company form the liability is set aside and it is made liable to pay the amount. The Insurance Company is directed to M.A.C.A.No.737/2009 3 pay the amount as ordered by the Tribunal within two months from the date of receipt of a copy of the Judgment. M.N.KRISHNAN, JUDGE dvs