ORDER 1. Being aggrieved by the award dated 03/09/07 passed by XV MACT, Indore in Claim Case No.327/05 whereby claim petition filed by appellant was allowed and compensation of Rs.29,074/- was awarded and respondent No.4 was exonerated, present appeal has been filed. 2. Short facts of the case are that the appellant filed a claim petition alleging that on 14/12/04 at about 6.15 p.m. appellant was going on a motor bike bearing registration No.MP/09-JZ/3766, which was being driven by respondent No.2, owned by respondent No.3 and insured with respondent No.4. It was alleged that another motor bike bearing registration No. MP/13-A/3708 which was being driven by respondent No.1 rashly and negligently dashed the motor bike which was being driven by respondent No.2, with the result appellant fell down and sustained grievous injuries. It was alleged that the appellant lost six teeth and also sustained injuries on various parts of the body. It was prayed that the claim petition be allowed and compensation be awarded. The claim petition was contested by the respondents. Contention of the respondent No.4 was that since the appellant was pillion rider and the accident occurred because of rash and negligent driving of respondent No.1, therefore, respondent No.4 is not liable. It was prayed that the claim petition be dismissed. After framing of issues and recording of evidence learned Tribunal allowed the claim petition and awarded a sum of Rs.29,074/- as compensation and exonerated the respondent No.4 on the ground that the appellant was pillion rider, against which present appeal has been filed. 3. Learned counsel for the appellant argued at length and submits that the appellant sustained grievous injuries in the accident. It is submitted that the learned Tribunal awarded a sum of Rs.29,074/-, breakup of which is as under:- Rs.20,074/- Towards medical expenses. Rs.5,000/- Towards pain and sufferings. Rs.1,000/- Towards loss of income. Rs.2,000/- Towards special diet. Rs.1,000/- Towards non-pecuniary losses. 4. Learned counsel submits that the appellant was hospitalized for a period of two weeks. It is submitted that looking to the injuries sustained by the appellant, amount awarded by the learned Tribunal on all the heads is on lower side. So far as exoneration of respondent No.4 is concerned, it is submitted that since the appellant was pillion rider and the learned Tribunal found that the accident occurred because of negligence on the part of respondent Nos. So far as exoneration of respondent No.4 is concerned, it is submitted that since the appellant was pillion rider and the learned Tribunal found that the accident occurred because of negligence on the part of respondent Nos. 1 & 2, therefore, learned Tribunal committed error in exonerating respondent No.4. It is submitted that the appeal filed by the appellant be allowed and amount of compensation be enhanced accordingly and the findings of the learned Tribunal regarding exoneration of respondent No.4 be quashed. 5. Learned counsel for respondent No.4 submits that since it was a case of composite negligence of respondent Nos.1 & 2 and criminal case was registered against respondent Nos. 1 & 2 and also the learned Tribunal found that the accident occurred because of negligence on the part of respondent Nos. 1 & 2, therefore, liability ought to have been apportioned by the learned Tribunal. It is submitted that the learned Tribunal has rightly exonerated the respondent No.4. So far as amount of compensation is concerned, it is submitted that looking to the injuries sustained by the appellant, amount awarded by the learned Tribunal is just and proper. It is submitted that the appeal filed by the appellant has no merits and the same be dismissed. 6. From perusal of the record it is evident that the appellant was pillion rider. Respondent No.4 has been exonerated by the learned Tribunal on the ground that the liability of pillion rider was not covered. The policy was a package policy. As per Circular dated 16/11/09 issued by IRDA the respondent No.4 Insurance Company is liable for payment of compensation. In view of this, the learned Tribunal committed error in exonerating the respondent No.4. 7. So far as amount of compensation is concerned, looking to the injuries sustained by the appellant, this Court is of the view that the amount awarded by the learned Tribunal is on lower side, which is assessed as under:- Rs.25,074/- Towards medical expenses. Rs.5,000/- Towards pain and sufferings. Rs.5,000/- Towards loss of income during treatment. Rs.5,000/- Towards special diet. Rs.5,000/- Towards transport expenses. Rs.5,000/- Towards expenses incurred on attenders. Rs.25,000/- Towards grievous injuries. —————————————————————————- Rs.75,074/- Total ————————————————————————— 8. In view of this, the claimant is held entitled for a total sum of Rs.75,074/- instead of Rs.29,074/- by way of compensation for the injuries sustained by appellant in the accident. Rs.5,000/- Towards special diet. Rs.5,000/- Towards transport expenses. Rs.5,000/- Towards expenses incurred on attenders. Rs.25,000/- Towards grievous injuries. —————————————————————————- Rs.75,074/- Total ————————————————————————— 8. In view of this, the claimant is held entitled for a total sum of Rs.75,074/- instead of Rs.29,074/- by way of compensation for the injuries sustained by appellant in the accident. The enhanced amount of Rs.46,000/ shall carry interest @ 8% p.a. from the date of application. Hence, appeal filed by the appellant is allowed and the findings of the learned Tribunal whereby respondent No.4 has been exonerated, stands set aside. Respondents shall be liable for payment of compensation jointly and severally. 9. With the aforesaid observations, appeal stands disposed of.