IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN MONDAY, THE 17TH MAY 2010 / 27TH VAISAKHA 1932 MACA.No. 385 of 2010() ---------------------------------- OPMV.1262/2001 of MOTOR ACCIDENT CLAIMS TRIBUNAL, ERNAKULAM .................... APPELLANT(S): PETITIONER ------------------------ LAJAN MIRANDA, AGED 36 YEARS, S/O.LAZAR MIRANDA, 15/1619, PUTHENVEETIL HOUSE, NEAR BANK QUARTERS, NAZARETH, COCHIN-2. BY ADV. SRI.R.SUDHISH SMT.M.MANJU RESPONDENT(S): RESPONDENTS -------------------------- 1. T.F.PAUL, S/O.T.O.FRANCIS, 15/1666, THEVANKATTIL HOUSE, WEST OF KARUNALAYAM, BEACH ROAD, NAZARETH, COCHI-2. 2. NATIONAL INSURANCE CO.LTD., REP.BY ITS REGIONAL MANAGER, REGL.OFFICE, MUTHOOT TOWERS, M.G.ROAD, KOCHI-35. R2 BY ADV. SRI.RAJAN P.KALIYATH THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 17/05/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: tss M.N. KRISHNAN, J. ........................................... M.A.C.A.NO.385 OF 2010 ............................................. Dated this the 17th day of May, 2010. J U D G M E N T This is an appeal preferred against the award of the Claims Tribunal, Ernakulam in OP(MV)No1262/2001. The claimant, a pillion rider, sustained injuries in a road accident and he has been awarded a compensation of Rs.39,801/= with 7.5% interest. The first respondent was made liable to pay the amount and insurance company was exonerated from the liability. 2. Heard learned counsel for the appellant as well as the insurance company. Learned counsel for the appellant had made available before me for perusal a copy of the policy issued. It is a comprehensive policy. When it is a comprehensive policy, terms and conditions of the policy itself cover the risk of the pillion rider., The Insurance Regulatory and Development Authority by virtue of a clarificatory circular dated 16.11.2009 had made it clear that persons carried in private vehicles and pillion rider on a two wheeler are covered by the terms and conditions of a standard motor package policy. Again the relevant clause : 2 : M.A.C.A.NO.385 OF 2010 came up for consideration before the two Division Benches of this Court reported in New India Assurance Company v. Hydrose (2008 (3)KLT 778) and Mathew v. Shaji Mathew (2009 (3) KLT 813). In both these decisions, the Division Benches held that the terms and conditions of the policy cover the risk of a pillion rider and therefore no additional premium is necessary. So in the light of the clarificatory circular coupled with the authoritative pronouncements of the Division Benches, the insurance company is liable to pay the amount. 3. Hence exoneration of the insurance company from the liability is set aside and it is made liable. But it is made clear that the insurance company shall not be burdened with the payment of interest from the date of award i.e., 9.1.2008 to 22.12.2009. The insurance company shall deposit the amount within a period of 60 days from the date of receipt of a copy of this judgment. Disposed of accordingly. M.N. KRISHNAN, JUDGE. cl : 3 : M.A.C.A.NO.385 OF 2010 M.N. KRISHNAN, J. ........................................... C.M.APPLN.485 OF 2010 in M.A.C.A.NO.385 OF 2010 ............................................. Dated this the 17th day of May, 2010. O R D E R There is a delay of more than 600 days in filing the appeal. Claimant is the appellant. The claimant wants the insurance company to deposit the amount in the light of the fact that it is a comprehensive policy. It is also averred that on account of the prolonged treatment and want of financial resources, the appeal could not be filed in time. Considering the broad aspect, I am inclined to grant an opportunity and therefore the delay is condoned but making it clear that during the period of delay, no interest shall be paid. M.N. KRISHNAN, JUDGE. cl : 4 : M.A.C.A.NO.385 OF 2010