IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN WEDNESDAY, THE 27TH JANUARY 2010 / 7TH MAGHA 1931 MACA.No. 199 of 2010() -------------------------------- OPMV.599/2003 of MOTOR ACCIDENT CLAIMS TRIBUNAL, NEYYATTINKARA .................... APPELLANT(S): 3RD RESPONDENT ------------------------- UNITED INDIA INSURANCE COMPANY LIMITED, THIRUVANANTHAPURAM NOW REP.BY ITS DEPUTY MANAGER, REGIONAL OFFICE, ''SHARANYA'', HOSPITAL ROAD, KOCHI-11. BY MR.MATHEWS JACOB, SENIOR ADVOCATE MR.P.JACOB MATHEW RESPONDENT(S): PETITIONER AND RESPONDENTS 1 & 2 ------------------------- 1. KRISHNA PANICKER, S/O. NARAYANAN PANICKER, KIZHAKKUMKARA VEEDU, THIRUVALLOORKONAM, ANAVOOR VILLAGE. 2. A GOLD FERRNANDEZ, P.B. NO.20, TOWER JUNCTION,NAGERCOIL, KANYAKUMARI DISTRICT. 3. MANOJ, S/O. SASIDHARAN NAIR, BINDU VILASOM, KILIYOOR, VELLARADA P.O. R1 BY ADV. MR.R.T.PRADEEP THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING COME UP FOR ADMISSION ON 27/01/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ORDER ON IA. NO.242/2010 IN MACA. NO.199/2010 CLOSED 27/01/2010 SD/- M.N.KRISHNAN, JUDGE TRUE COPY P.A. TO JUDGE tss M.N. KRISHNAN, J. ........................................... M.A.C.A. No.199 OF 2010 ............................................. Dated this the 27th day of January, 2010. J U D G M E N T This is an appeal preferred against the award of the Claims Tribunal, Neyyattinkara in O.P.(MV)No.599/2003. The insurance company, aggrieved by the award of the Tribunal directing it to pay an amount of Rs. 69,520/=, has come up in appeal before this Court. The point that arises for consideration is regarding the liability of the insurance company. The vehicle was covered by a policy namely an Act only policy but with the receipt of additional premium for personal accident coverage of 5 persons. This personal accident coverage is coming under one of the endorsements called IMT 64, 70 etc. Normally when persons sustain either death or total permanent disablement or disablement mentioned in that schedule, then only the policy is extended to such persons and the insurance company can be held liable. Unfortunately the insurance company has not produced the terms and conditions and the relevant endorsements relating to the coverage. So, without that it may not be : 2 : M.A.C.A. No.199 OF 2010 possible for this court or the Tribunal to arrive at a decision regarding the coverage of the vehicle. 2. The learned counsel for the insurance company submits that if given an opportunity it shall produce the conditions as well as the endorsements so that there can be a proper disposal of the matter. I am inclined to do the same. So without disturbing the quantum awarded, the matter is remitted back to the Tribunal for fresh consideration regarding the liability of the insurance company. Since the owner of the vehicle has not entered appearance before this Court and as he is a necessary party to be heard, after appearance the insurance company shall take out notice to him as well. The insurance company as a matter of precaution is directed to take out summons to all other parties in the proceedings for an effective disposal of the case. Parties are directed to appear before the Tribunal on 01.03.2010. Disposed of accordingly. M.N. KRISHNAN, JUDGE cl : 3 : M.A.C.A. No.199 OF 2010 : 4 : M.A.C.A. No.199 OF 2010