J U D G M E N T

This appeal is preferred against the award of the Motor Accidents Claims Tribunal, Ernakulam in O.P.(MV)1534/00. The claimant, a pillion rider sustained injuries in a road accident and he has been awarded a total compensation of Rs.22,833/-. The Tribunal exonerated the insurance company from the liability and directed the amount to be recovered from respondents 1 and 2 jointly and severally. It is against that decision exonerating the insurance company from the liability and for enhancement the appeal is preferred.

2. So far as the quantum of compensation is concerned it can be seen from the record that the claimant had sustained a fracture on the ulna and he was an inpatient in the hospital for four days. It is also seen that he had also a fracture on the tarsal bone left foot and abrasions on other parts of the body as well. Taking into consideration these aspects it is certain that he would have suffered loss of amenities and enjoyment in life for which I enhance an amount of Rs.3,000/- under that head.

3. Now the next question is regarding the liability of the insurance company. The Tribunal held that all comprehensive policies do not cover the risk of a pillion r