IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN TUESDAY, THE 15TH JUNE 2010 / 25TH JYAISTHA 1932 MACA.No. 2719 of 2009() ---------------------------------- OPMV.833/2008 of MOTOR ACCIDENT CLAIMS TRIBUNAL, THODUPUZHA .................... APPELLANT(S): PETITIONERS ------------------------- 1. SUJATHA,W/O(LATE) P.T.SASI, PAREPPARAMBIL HOUSE,MUNIYARA,KONNATHADY, IDUKKI DISTRICT. 2. MIDUL LAL.P.S,S/O(LATE)P.T.SASI, DO- DO MINOR REPRESENTED BY GUARDIAN AND MOTHER SUJATHA,IST PETITIONER. 3. SRUTHIMOL P.S,D/O.(LATE)P.T.SASI,DO- DO MINOR REPRESENTED BY GUARDIAN AND MOTHER SUJATHA,IST PETITIONER. 4. KALYANI,PAREPPARAMBIL HOUSE,MUNIYARA, KONNATHADY, IDUKKI DISTRICT. BY ADV. SRI.V.K.SUNIL RESPONDENT(S): RESPONDENTS -------------------------- 1. K.M.KUMARAN,S/O.MADHAVAN,KUMBALAVELLIL HOUSE,MUNIYARA,KONNATHADY,UDUMBANCHOLA TALUK. 2. BISHOP LEVI,S/O.JOSEPH, 316 CMS CHURCH, BENGLOW,MUNIYARA -DO- 3. THE ORIENTAL INSURANCE COMPANY LTD, REPRESENTED BY ITS BRANCH MANAGER,MALAICKAL GALAXY OPP MSM COLLEGE, KAYAMKULAM. R1 & R2 BY ADVS. SRI.C.M.TOMY, SRI.MATHEW SKARIA. R3 BY SRI.MATHEWS JACOB, SENIOR ADVOCATE R3 BYADV.SRI.P.JACOB MATHEW THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 15/06/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: M.N. KRISHNAN, J. ........................................... M.A.C.A.NO.2719 OF 2009 ............................................. Dated this the 15th day of June, 2010. J U D G M E N T This is an appeal preferred against the award passed by the Claims Tribunal, Thodupuzha in I.A.N3437/2008 in O.P.(MV)No.833/2008. The claimants are wife and children of one Sasi and the death occurred when the vehicle in which he was travelling overturned. The vehicle was a private vehicle. The question for consideration is whether the insurance company is liable or not. If it is a comprehensive policy, by virtue of a clarificatory circular issued by the Insurance Regulatory and Development Authority passengers carried in a private vehicle and persons travelling in a two wheeler are covered by the terms and conditions of the standard motor package policy. So the question to be considered is whether the vehicle was covered with a standard motor package policy. If it is so, the insurance company has to be held liable. If on the other hand, it is only an Act only policy, then it cannot extend to the coverage of persons travelling in private vehicles. So : 2 : M.A.C.A.NO.2719 OF 2009 for the same a copy of the policy at lest has to be produced by the insurance company which I don't find marked in the order passed by the Tribunal. 2. Therefore, I set aside the order and remit the case back to the Tribunal and direct the insurance company to produce the policy and then the Tribunal can dispose of the matter in accordance with law. Parties are directed to appear before the Tribunal on 15.07.2010. Disposed of accordingly. M.N. KRISHNAN, JUDGE. cl : 3 : M.A.C.A.NO.2719 OF 2009