IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN THURSDAY, THE 22ND OCTOBER 2009 / 30TH ASWINA 1931 MACA.No. 2006 of 2009() ------------------------------------ OPMV.728/2002 of MOTOR ACCIDENT CLAIMS TRIBUNAL, THRISSUR .................... APPELLANT(S): 3RD RESPONDENT ----------------------- THE ORIENTAL INSURANCE CO. LTD., THRISSUR, REPRESENTED BY ITS ASSISTANT MANAGER, REGIONAL OFFICE, ERNAKULAM NORTH, KOCHI-18. BY ADV. MR.GEORGE CHERIAN (THIRUVALLA) RESPONDENT(S): CLAIMANT/ RESPONDENTS 1 & 2 AND ADDL. 4TH RESPONDENT ---------------------------- 1. T.K. DEVADAS, S/O. LATE KRISHNAN, THOTTUNGAL HOUSE, KURUTHIKADAVU, P.O. MALAMPUZHA, PALAKKAD DIST. 2. M.C. MATHAI, S/O. CHACKO, PADINJARE MUNDIKUNNEL HOUSE ANAKKAL, MALAMPUZYHA, PALAKKAD. 3. SOMY, S/O. KURIAN ANAKKAL, MALAMPUZHA, PALAKKAD. 4. MATHEW, S/O. CHACKO, 2/248, PADINJARE MUNDIKUNNEL, ANAKKAL, MALAMPUZHA, PALAKKAD. ADV. MR.P.V.CHANDRA MOHAN THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 22/10/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ORDER ON IA. 2324/2009 IN MACA. NO.2006/2009 DISMISSED 22/10/2009 SD/- M.N.KRISHNAN, JUDGE TRUE COPY P.A. TO JUDGE tss M.N.KRISHNAN, J. ........................................... M.A.C.A.NO.2006 OF 2009 ............................................. Dated this the 22nd day of October, 2009 J U D G M E N T This is an appeal preferred against the award of the Claims Tribunal, Thrissur in OP(MV)No.728/2002. The claimant a pillion rider sustained injuries in a road accident and the Tribunal has awarded him a compensation of Rs.54,400/= and directed the insurance company to pay the amount. Aggrieved by the said decision, the insurance company has come up in appeal. 2. The learned Tribunal held that even though Ext.B1 is styled as an act only policy, it is seen that premium is collected for personal assurance of two persons. It found fault with the insurance company for not producing the terms and conditions. Therefore, it proceeded to cast liability on the insurance company. 3. I feel, when the insurance company raised a contention of exoneration, it is incumbent upon them to see that relevant documents are produced and explained, so that the Tribunal will be in a position to decide the matter : 2 : M.A.C.A.NO.2006 OF 2009 precisely and correctly. The claimant may not be able to produce these type of documents because he had nothing to do with the vehicle and the usual practice is that the owners never co-operate with anybody for a proper trial and disposal. 4. The learned counsel for the insurance company draws my attention and argued that the policy is as only act only policy and premium is paid for the accident coverage of two persons. There are conditions attached to personal accident coverages and I have come across the endorsement which goes on to state that there must be either death or permanent disability of such a nature as described in the schedule which entitles a person to get compensation under those endorsements. But until and unless those things are verified, the court cannot arrive at a decision. Therefore, I set aside the award relating to the liability of the insurance company without disturbing the quantum awarded and permit the insurance company to produce the conditions of the policy and other materials for a proper decision of the case. Needless to say that the : 3 : M.A.C.A.NO.2006 OF 2009 claimants can also produce documents and further I direct the insurance company to take notice to the owner. The parties are directed to appear before the Tribunal on 2.12.2009. Disposed of accordingly. M.N.KRISHNAN, JUDGE cl