P MARTIN Vs. K P FRANCIS

JUDGEMENT

(1.) This appeal is preferred against the award of the Motor Accident Claims Tribunal, Ernakulam in O.P.(MV) 3149/2001. The claimant was a pillion rider who had consumed little alcohol according to the Tribunal and the Tribunal awarded a compensation of Rs. 38,000 and deducted 20% and exonerated the Insurance Company.

(2.) The policy is a comprehensive policy. So far as the negligence is concerned there is nothing before Court to show that the claimant was negligent. Even if the claimant has consumed alcohol being a pillion rider he cannot be blamed for riding the bike in a negligent manner if it is there. Further no evidence is also available to show the negligence on the part of the rider of the motorcycle. Therefore I vacate the finding regarding the contributory negligence and hold that the 2nd respondent in the claim petition is responsible for the accident.

(3.) Now comes the question of liability. It is the case of the claimant that the vehicle is covered by a comprehensive policy. When it is a comprehensive policy or a package policy by virtue of the clarificatory circular dated 16th November, 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. The conditions of a comprehensive policy came up before two Division Bench decisions of this Court reported in New India Assurance Co. Ltd. v. Hydrose, 2009 2 ACC 746 and Mathew v. Shaji Mathew,2010 2 ACC 731. In both these decisions this Court held that the terms and conditions of the policy cover the risk of a pillion rider without additional premium. 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. In the result the M.A.C.A. is allowed and the claimant is awarded a compensation of Rs. 38,000 with 7.5% interest on the said sum from the date of petition till realisation and the Insurance Company is directed to deposit the same within a period of sixty days from the date of receipt of a copy of the judgment.