PRAJEESH LATE PRADEEPAN Vs. LALU VINCENT AND ORS

JUDGEMENT

(1.) This appeal is preferred against the award of the Motor Accidents Claims Tribunal, North Paravur in O.P.(MV) 1369/03. The claimant, a pillion rider, sustained injuries in a road accident. He had suffered multiple abrasions on various parts of the body and he had a fracture of the mandible. Post reduction was done. He was treated in the hospital for five days. The Tribunal has awarded him a compensation of Rs. 22,000/- of which Rs. 7,000/- represents the medical expenses. The Tribunal has awarded Rs. 10,000/- towards pain and sufferings. The award is adequate so far as the claim is concerned.

(2.) The other point is regarding the exoneration of the insurance company from the liability. Admittedly the claimant was a pillion rider. In paragraph 10 of the award it is very clearly stated, "It is a package policy of a two wheeler motorcycle/scooter." But the Tribunal exonerated the insurance company on the ground that no additional premium has been collected for the coverage. By virtue of the clarificatory circular dated 16.11.2009 issued by the Insurance Regulatory and Development Authority the persons carried in a two wheeler are covered under the terms and conditions of Standard Motor Package Policy. Similarly, the very same clause came up for consideration before two Division Benches of this Court in the decisions reported in New India Assurance Co. Ltd. v. Hydrose, 2008 3 KerLT 778 and Mathew v. Shaji Mathew, 2009 3 KerLT 813. In both these cases the Division Bench took the view that the terms and conditions of the policy cover the risk of a pillion rider and no additional premium is necessary. Therefore the finding of the Tribunal exonerating the insurance company from the liability is set aside and it is made liable.