IN THE HIGH COURT OF KERALA AT ERNAKULAM
MACA.No. 3009 of 2008()
1. NATIONAL INSURANCE COMPANY LTD.,
... Petitioner
Vs
1. UMMER, S/O. UMMAD MUSLIAR,
... Respondent
2. P.A. MUKTHAR, S/O. AHAMMED,
For Petitioner :SRI.RAJAN P.KALIYATH
For Respondent :SRI.T.A.SHAIN
The Hon'ble MR. Justice M.N.KRISHNAN
Dated :19/05/2010
O R D E R
M.N. KRISHNAN, J.
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M.A.C.A. NO. 3009 OF 2008
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Dated this the 19th day of May, 2010.
J U D G M E N T
This appeal is preferred against the award of the Motor
Accidents Claims Tribunal, Thrissur in O.P.(MV)850/03. The
claimant, a pillion rider sustained injuries in a road accident
and the Tribunal awarded him a compensation of Rs.30,600/-.
The insurance company has come up in appeal challenging
the liability.
2. It is brought to my notice that the vehicle is
covered by a package policy. When it is a package policy by
virtue of the clarificatory circular dated 16.11.2009 issued by
the Insurance Regulatory and Development Authority the
persons carried in a private vehicle and persons carried in a
two wheeler are covered under the terms and conditions of
Standard Motor Package Policy. Similarly, 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) has laid
down that the terms and conditions of the policy cover the
M.A.C.A. 3009 OF 2008
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risk of a pillion rider. Therefore by virtue of the clarificatory
Circular as well as by virtue of the decisions referred to above
it has to be held that the insurance company is bound to pay
the amount. Hence there is nothing to interfere with the
decision rendered by the Tribunal. So the appeal lacks merit
and the same is dismissed.
Sd/-
M.N. KRISHNAN, JUDGE.
ul/-
[true copy]
P.A. To Judge.