IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN TUESDAY, THE 8TH SEPTEMBER 2009 / 17TH BHADRA 1931 MACA.No. 2086 of 2007() ------------------------------------ OPMV.2030/2002 of MOTOR ACCIDENT CLAIMS TRIBUNAL, MANJERI .................... APPELLANT(S):3RD RESPONDENT -------------------------- NATIONAL INSURANCE COMPANY LTD., REP. BY ITS MANAGER, REGIONAL OFFICE, 3RD PARTY WING, OMANA BUILDING, PADMA JUNCTION, KOCHI-35. BY ADV. SMT.RAJI T.BHASKAR RESPONDENT(S): PETITIONER AND RESPONDENTS 1 & 2 RESPECTIVELY ---------------------------- 1. PULLAT ASKAR MON @ ASKAR, AGED ABOUT 28 YEARS, S/O MOHAMMED KUTTY, VALLIKKADAN HOUSE, P.O.OORAKAM, MELMURI, MALAPPURAM DIST. 2. MUJEEB RAHMAN P., S/O KAMMU HAJI, O.K.MURI, P.O.MALAPPURAM, MALAPPURAM DIST. 3. MOHAMMED NASEER, S/O KUNHIMOHAMMED, CHALIL HOUSE, P.O.IRINGALLUR, (VIA)VENGARA, MALAPPURAM DIST. R1 BY ADV. MR.P.SAMSUDIN THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 08/09/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: tss M.N.KRISHNAN, J. ........................................... M.A.C.A.NO.2086 OF 2007 ............................................. Dated this the 8th day of September, 2009 J U D G M E N T This is an appeal preferred against the award of the Claims Tribunal, Manjeri in OP(MV)No.2030/2002. The Tribunal after considering the entire matter awarded a compensation of Rs.58,000/= and it cast the liability on the insurance company to pay the amount. It was contended by the insurance company that being a pillion rider the policy does not cover the risk of him and therefore, the company is not liable to pay the amount. The facts of the case would reveal that it was a collision between a motor cycle and a jeep. It is submitted that only the rider and the owner of the motor bike along with the insurance company has been impleaded as party and the driver of the jeep has not been made a party. The question whether the policy covers a pillion rider depends upon the terms and conditions of the policy. In the decision reported in New India Assurance Co. Ltd v. Hydrose (2008 (3) KLT 778) a Division Bench of this Court considered the conditions of the policy and held : 2 : M.A.C.A.NO.2086 OF 2007 that by virtue of the terms and conditions of the policy, a pillion rider is also covered by the terms of the contract and therefore, directed the insurance company to pay the amount. It has also to be stated that a comprehensive policy does not mean that it covers any risk of the party. The comprehensive policy is used when a policy is issued for a third party risk coupled with own property damages. When additional premiums are collected for additional coverage, the terms and conditions of the policy has to apply in such cases. So, everything depends upon the terms of the contract between the insurer and the insured. In this case conditions of the policy has not been produced and the court has jumped to a conclusion that the policy covers risk of the pillion rider. If it is only a policy which does not cover such risk as reported in United Insurance Co. v. Tilak Singh (2006 (2) KLT SC 884), then the insurance company may not be liable to pay the amount. It is true that in Tilak Sing's case the court was considering the impact of an act only policy. When such is the situation, it has been contended by the learned counsel for the claimant that an opportunity be given to implead the : 3 : M.A.C.A.NO.2086 OF 2007 driver of the jeep as well as the owner of the jeep and the insurance company so as to have an effective adjudication of the matter with respect to the negligent aspect also. 2. I find considerable force in the contention of the learned counsel. Therefore, the award under challenge is set aside and the matter is remitted back to the Tribunal with the following directions: 1. The insurance company namely the appellant herein shall produce the terms and conditions of the policy to find out whether the policy covers the risk of a person, who had travelled as pillion rider. 2. The claimant is at liberty to implead the driver, owner of the jeep and the insurance company in order to have an effective adjudication on the question of negligence. If any amount is in court deposit, let it be there in the deposit till the final disposal of the matter and everything will depend upon the ultimate result of the claim petition. The parties are directed to appear before the Tribunal on 03.11.2009. M.N.KRISHNAN, JUDGE cl : 4 : M.A.C.A.NO.2086 OF 2007