IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE A.K.BASHEER & THE HONOURABLE MR. JUSTICE P.Q.BARKATH ALI MONDAY, THE 21ST JUNE 2010 / 31ST JYAISTHA 1932 MACA.No. 1313 of 2008() ----------------------- OPMV.1716/2001 of IST ADDL.MOTOR ACCIDENTS CLAIMS TRIBUNAL,KOZHIKODE .................... APPELLANT(S): PETITIONER: -------------------------------------------- P.P.BIJU, S/O.P.P.DAMODARAN, PANANGATT THAZHAM, POTTAMMAL HOUSE, P.O.KUNNAMANGALAM, KOZHIKODE DISTRICT. BY ADV. SRI.K.A.SALIL NARAYANAN RESPONDENT(S): RESPONDENTS 2 & 3: ------------------------------------------------------------ 1. P.M.JYOTHIKUMAR, S/O.VASU, PEEDIKAKANDY HOUSE, PAYYADI MEETHAL, P.O.PANTHEERANKAVU, KOZHIKODE-19. 2. THE ORIENTAL INSURANCE CO. LTD., PRAMOD BUILDING, 2ND FLOOR, CHEROOTTY ROAD, KOZHIKODE. R1 BY ADV. SRI.M.P.MOHAMMED ASLAM R2 BY BY ADVS.SRI.MATHEWS JACOB, SENIOR ADVOCATE, BYADV.SRI.P.JACOB MATHEW. THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 21/06/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss A.K.BASHEER & P.Q. BARKATH ALI, JJ. =~=~=~=~=~=~=~=~=~=~=~=~=~==~=~=~= M.A.C.A. No. 1313 of 2008 =~=~=~=~=~=~=~=~=~=~=~=~=~==~=~=~= Dated this the 21st day of June, 2010 JUDGMENT Basheer, J. The only question that arises for consideration in this appeal is whether the Tribunal is justified in exonerating the insurer of the vehicle involved in the accident from the liability to pay compensation to the appellant/claimant. The Tribunal did so accepting the plea of the Insurance Company that no additional premium had been paid by respondent No.1, owner of the vehicle, so as to cover the risk of the pillion rider. 2. But, it is the admitted position that the insurer had issued a comprehensive policy. Learned counsel for respondent No.2-Insurance Company fairly concedes that the view taken by the Tribunal may not be sustainable, in the facts and circumstances of the case. 3. Therefore, the finding of the Tribunal, as regards the liability of the insurer is set aside. It is held that MACA 1313/2008 2 respondent No.2 Insurance Company shall be liable to indemnify respondent No.1, owner of the vehicle. The award is modified to the above extent. Th appeal is allowed. A.K.BASHEER, JUDGE. P.Q. BARKATH ALI, JUDGE. mn