IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN FRIDAY, THE 23RD JANUARY 2009 / 3RD MAGHA 1930 MACA.No. 2062 of 2007() ------------------------------------ OPMV.476/2002 of MOTOR ACCIDENT CLAIMS TRIBUNAL, PARAVUR .................... 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. SRI.RAJIT T. BHASKAR RESPONDENT(S): PETITIONER AND RESPONDENTS 1 & 2 RESPECTIVELY: ----------------------------- 1. BINESH K.G., S/O.VENU, KALISSERY HOUSE, VADAKKUMPURAM. 2. SUJI PRASAD, KALISSERY HOUSE, VADAKKUMPURAM. 3. SUDEEP A.S., ALAYIL HOUSE, KOTHAPARAMBU, KODUNGALOOR. THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 23/01/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: M.N.KRISHNAN, J ===================== MACA No.2062 OF 2007 ===================== Dated this the 23rd day of January 2009 JUDGMENT This appeal is preferred against the award of the Motor Accidents Claims Tribunal, N.Paravur in O.P.(MV)No.476 of 2002. The Tribunal awarded a compensation of Rs.82,250/- and directed the insurance company to pay Rs.50,000/- and the balance to be realised from the other respondents. It is against that decision, the insurance company has come up in appeal. 2. Learned counsel for the insurance company would contend that though the policy issued was a comprehensive policy premium was collected to cover the risk of two persons under personal accidental coverage. The Tribunal held that the said collection of premium under the head of personal accident relates to the risk of pillion riders. But the learned counsel would contend that it will cover pillion riders provided it satisfies the condition, i.e. either on the death of the person or on the sustainment of a permanent disablement as noted in the policy conditions for the purpose of awarding compensation. A mere sustainment of injury will not attract the MACA 2062/2007 -:2:- coverage of a pillion rider unless he satisfies the ingredients incorporated in the conditions of the policy. It has to be stated that the insurance company did not produce policy conditions and therefore the Tribunal did not have an opportunity to look into that and take a decision. The Tribunal also did not accept the evidence of permanent disability. Since the matter is going back and the coverage would depend upon permanent disablement as contemplated under the policy conditions, it can have a re-look into the same on the basis of the materials available or to be made available. Therefore the award under challenge is set aside and the matter is remitted back to the Tribunal and the insurance company is permitted to produce the conditions of the policy and adduce evidence and the claimant as well as other respondents are also permitted to do the same. Since respondents in the appeal had not appeared before this Court, I direct the insurance company to take notice to them after it enters appearance before the Tribunal. The insurance company is directed to appear before the Tribunal on 2.3.2009. MACA is disposed of as above. M.N.KRISHNAN, JUDGE Cdp/- MACA 2062/2007 -:3:-