IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN FRIDAY, THE 28TH NOVEMBER 2008 / 7TH AGRAHAYANA 1930 MACA.No. 2304 of 2007(F) ------------------------------ OPMV.144/2004 of MOTOR ACCIDENT CLAIMS TRIBUNAL, OTTAPALAM .................... APPELLANT(S): /3RD RESPONDENT -------------------------------------- UNITED INDIA INSURANCE CO.LTD., PALGHAT. BY ADV. SRI.P.V.JYOTHI PRASAD RESPONDENT(S): PETITIONER & RESPONDENTS 1 & 2 -------------------------------------------------------------- 1. P.A.KHAJAMOIDEEN, S/O.P.C.ABDUL AZEES, PULLITHODI HOUSE, PATTANCHERY, PULIKKEL LANE, KULAPPULLY. 2. ISMAIL, S/O.ABDUL RAHMAN, 10/99, PATTENCHERRY, PALGHAT. THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 28/11/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: M.N. KRISHNAN, J. = = = = = = = = = = = = = = M.A.C.A. NO. 2304 OF 2007 = = = = = = = = = = = = = = = Dated this the 28th day of November, 2008. J U D G M E N T This appeal is preferred against the award of the Motor Accidents Claims Tribunal, Ottappalam in O.P.(MV)144/04. The claimant was a pillion rider who sustained injuries in a road accident. The Tribunal awarded a compensation of Rs.65,782/- and directed the insurance company to pay the amount. It is the contention of the insurance company that the policy issued by it does not cover the risk of a pillion rider as no additional premium is paid for a pillion rider. The Tribunal in paragraph 7 of the award refers to some of the endorsement numbers and arrives at a decision that a pillion rider is covered without paying any extra premium. Whenever a policy is issued there will be conditions to the policy. In earlier policies there was a condition attached to the comprehensive policies or package policies to the effect that when a person is carried on a motor vehicle other than for hire or reward as per clause II (1)(i) of the conditions of M.A.C.A. NO. 2304 OF 2007 -:2:- the policy the insurance company is liable to pay. But we do not find any such policy conditions or matters referred to in this case. Therefore this is a fit case where the matter requires reconsideration and therefore I set aside the award so far as it relates to the liability of the insurance company is concerned and direct the Tribunal to consider the matter afresh after affording an opportunity to the insurance company to produce the policy conditions and then dispose of the matter in accordance with law. Since the claimant and owner had not entered appearance before this Court I direct the insurance company to take out notice to them after it had entered appearance before the Tribunal. The insurance company is directed to appear before the Tribunal on 4.1.2009. The MACA is disposed of accordingly. M.N. KRISHNAN, JUDGE. ul/-