IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN MONDAY, THE 2ND FEBRUARY 2009 / 13TH MAGHA 1930 MACA.No. 1957 of 2008(E) -------------------------------- OPMV.240/2003 of MOTOR ACCIDENT CLAIMS TRIBUNAL, NORTH PARAVUR .................... APPELLANT(S): /2ND RESPONDENT:- ---------------------------------------- NATIONAL INSURANCE COMPANY LTD., REP. BY ITS MANAGER, 3RD PARTY WING, OMANA BUILDING, PADMA JUNCTION, KOCHI -35. BY ADV. SMT.RAJI T.BHASKAR RESPONDENT(S)PETITIOENR & RESPONDENT: ---------------------------------------------------- 1. ANNAMMA PETER, AGED ABOUT 41 YEARS, W/O PETER, MALIAKKAL HOUSE, VARAPPUZHA. 2. M.J. PETER, S/O JOSEPH, AGED ABOUT 46 YEARS, MALIAKKAL HOUSE, CHIRAKKAKAM, VARAPPUZHA. THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 02/02/2009 , THE COURT ON THE SAME DAY PASSED THE FOLLOWING: M.N. KRISHNAN, J. = = = = = = = = = = = = = = M.A.C.A. NO. 1957 OF 2008 = = = = = = = = = = = = = = = Dated this the 2nd day of February, 2009 J U D G M E N T This appeal is preferred against the award of the Motor Accidents Claims Tribunal, North Paravur in O.P.(MV)240/03. The claimant, a pillion rider, sustained injuries in a road accident and she has been awarded a total compensation of Rs.18,550/- with 7% interest. A perusal of the pleadings of the insurance company would reveal that it has taken up a contention that the claimant being a pillion rider and as no additional premium is collected she is not covered under the policy. Unfortunately, the Tribunal in one sentence held that it is a comprehensive policy covering all liability and hence no separate premium need be paid on account of coverage of a pillion rider. 2. I am afraid such a generic approach cannot be taken by the Tribunal. There are comprehensive policies with different conditions and all comprehensive policies do not cover the risk of a pillion rider obviously for the reason that M.A.C.A. 1957 OF 2008 -:2:- no premium is collected for the coverage of a pillion rider. But it can be seen that this Court had opportunity to consider the terms and conditions of the policy in the decision reported in New India Assurance Co. Ltd. v. Hydrose [2008 (3) KHC 522(DB). In that case there was a specific contention attached to the policy that any person carried in a motor vehicle other than for hire or reward is also covered under the terms of the agreement of contract. So, though no additional premium is paid, on the basis of the terms and conditions of the contract, this Court directed the insurance company to pay the amount. Unfortunately, neither the insurance company nor the Tribunal has taken into consideration what are the terms and conditions of the policy and whether the terms and conditions cover the risk of a pillion rider. Further, we are coming across comprehensive policies which cover the risk of persons by virtue of payment of personal accident coverage. In such policies one is able to see that the terms and conditions are to the effect that there must be death or permanent disablement as contemplated M.A.C.A. 1957 OF 2008 -:3:- under the contract to give raise to liability to the insurance company. It is also a matter that has to be looked into and considered. Since the Tribunal has not considered that aspect I am inclined to grant an opportunity to the insurance company to produce the terms and conditions of the policy and adduce evidence in support of its contention regarding the exoneration of liability and the matter be disposed of in accordance with law. 3. As a matter of abundant caution the insurance company is directed to take out notice to the owner of the vehicle as well after it appears before the Tribunal so that the matter can be disposed of in his presence for the reason that some time liability may be cast upon him. Parties are directed to appear before the Tribunal on 17.3.09. The MACA is disposed of accordingly. M.N. KRISHNAN, JUDGE. ul/-