IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN WEDNESDAY, THE 28TH JANUARY 2009 / 8TH MAGHA 1930 MACA.No. 2691 of 2008() ---------------------------------- OPMV.1831/2004 of ADDL. MOTOR ACCIDENT CLAIMS TRIBUNAL, KOTTAYAM .................... APPELLANT/3RD RESPONDENT: ---------------------------------------------- THE ORIENTAL INSURANCE CO .LTD., DIVISIONAL OFFICE, KOTTAYAM, REP. BY THE AUTHORIZED SIGNATORY, THE ORIENTAL INSURANCE CO. LTD., REGIONAL OFFICE, METRO PALACE, ERNAKULAM NORTH, KOCHI -18. BY ADV. MR.A.R.GEORGE RESPONDENTS/CLAIMANT & RESPONDENTS 1&2: ------------------------------------------------------------------------ 1. SUMA @ BINDU, D/O. KUTTAN, PUNNILAM THARAYIL HOUSE, PUNNATHARA P.O., AYARKUNNAM, KOTTAYAM. 2. SASEENDRAN @ NOBLE, S/O. KOCHOLAKUMAR, PULLORTHOTTIYIL HOUSE, KIDANGOOR SOUTH P.O., KOTTAYAM. 3. KUMARAN VASU, CHERUKATTIL HOUSE, KATTACHIRA P.O., KOTTAYAM. ADV. MR.P.K.SHAJU FOR R1 MR.SAJIV.C.K. FOR R3 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING COME UP FOR ADMISSION ON 28/01/2009,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Rs/ M.N.KRISHNAN, J ===================== MACA No.2691 OF 2008 ===================== Dated this the 28th day of January 2009 JUDGMENT This appeal is preferred against the award of the Addl.Motor Accidents Claims Tribunal, Kottayam in O.P.(MV)No.1831 of 2004. The claimant, a pillion rider sustained injuries in a road accident and the Tribunal has awarded a compensation of Rs.18,200/- and made the insurance company liable for the amount. It is against that decision the insurance company has come up in appeal. 2. The contention of the insurance company is to the effect that the policy does not cover the risk of a pillion rider as no additional premium is collected to cover such persons. So far as the award is concerned, no discussion is made by the Tribunal, but I am told that in a review application, the Tribunal considered and still made the insurance company liable. Now what is to be understood is regarding the terms of the contract. For the third party liability, an amount of Rs.160/- is collected for the owner rider etc.Rs.50/- is collected and for covering the risk to unnamed persons Rs.70/- is collected. What is argued is this collection of Rs.70/- MACA 2691/2008 -:2:- will cover the risk of a pillion rider and therefore the insurance company is liable. But the insurance company would contend that it is true that it covers the risk of two unnamed persons, but in order to cover them they have to satisfy the conditions stipulated in the insurance contract. The insurance company would contend that there must be permanent disablement as pointed out in the contract or death of a person and only when those persons sustained the disability or the death as covered by the terms of the contract, the insurance company would be liable to pay the amount. I think this matter has not been considered in the proper perspective by the Tribunal and therefore the matter requires reconsideration at its hands. I direct the insurance company to adduce evidence in the form of oral as well as documentary to establish the points argued by it and thereafter on consideration of the materials that may be produced by other side as well, the Tribunal can take a final decision in the matter. Unfortunately, the owner and driver are remaining ex parte and in case of exoneration they will have to pay the amount and therefore it is better that they are again given a notice before the matter is finally disposed of. Therefore the award under challenge is set aside so far as it relates to the liability part is concerned and remit the matter back to the Tribunal. The insurance company is directed to take out notice to respondents 1 and 2 in MACA 2691/2008 -:3:- the claim petition for a proper adjudication of the matter. The amount that is deposited in court shall remain in deposit till a final decision is taken in the matter. Parties are directed to appear before the Tribunal on 3.3.2009. MACA is disposed of accordingly. M.N.KRISHNAN, JUDGE Cdp/-