IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN FRIDAY, THE 20TH NOVEMBER 2009 / 29TH KARTHIKA 1931 MACA.No. 1849 of 2009(B) ----------------------- OPMV.31/2006 of MOTOR ACCIDENT CLAIMS TRIBUNAL, OTTAPALAM .................... APPELLANT(S): 2ND RESPONDENT ----------------------------------- THE ORIENTAL INSURANCE CO. LTD., PALAKKAD, REP. BY ITS ASST. MANAGER, REGIONAL OFFICE, ERNAKULAM NORTH, KOCHI-18. BY ADV. SRI.GEORGE CHERIAN (THIRUVALLA) RESPONDENT(S): CLAIMANT ----------------------- 1. VISWAN A.P., S/O.A.P.BALAKRISHNAN GUPTHAN, RESIDING AT ARIYANDATH, PUTHAN VEETTIL, KADAMPAZHIPURAM VILLAGE, OTTAPALAM TALUK. 2. GOPINATHAN M.N., S/O.NARAYANA GUPTHAN, MELEPURATH VEEDU, PULAPATTA P.O., PALAKKAD TALUK. THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 20/11/2009, ALONG WITH MACA NO. 1851 OF 2009 THE COURT ON THE SAME DAY PASSED THE FOLLOWING: M.N. KRISHNAN, J. = = = = = = = = = = = = = = M.A.C.A. NOs. 1849 and 1851 OF 2009 = = = = = = = = = = = = = = = Dated this the 20th day of November, 2009. J U D G M E N T Both these appeals are preferred against the award of the Motor Accidents Claims Tribunal, Ottapalam in O.P.(MV) Nos.31/06 and 32/06. The claimants were passengers in a private vehicle and the Tribunal awarded a compensation of Rs.15,400/- in O.P.(MV) 31/06 and Rs.32,100/- in O.P.(MV) 32/06 and negatived the contention of the insurance company to exonerate it from the liability. It is challenging that the insurance company has come up in appeal. 2. Respondents though served had not entered appearance before this court. Learned counsel for the insurance company very strongly contends before me that the policy does not cover the risk of a passenger in a private vehicle and their status is that of a gratuitous passenger not covered by the policy and thereby extending the principles in Tilak Singh's case [United India Insurance Co. Ltd. v. Tilak Singh)2006 (2) KLT 884(SC) the insurance M.A.C.A. 1849 & 1851 OF 2009 -:2:- company is entitled to be exonerated from the liability. Learned counsel had made available before me a copy of the policy as well as the conditions of the policy. The conditions of the policies were produced as Exts.B2 and B3. On a perusal of the policy condition it is seen that third party liability premium is paid at Rs.700/-, P.A. at Rs.100/-, extra P.A. at Rs.250/-, legal liability of driver is at Rs.25/- and for extra loading Rs.210/-. Now whether this P.A. and extra P.A. will cover a passenger in a private car may be a question that have to be decided. Ordinarily P.A. coverage relates to persons if they satisfy the conditions enumerated in personal accident coverage for owner cum driver. It is seen here that the driver also is covered separately. So there must be some evidence tendered before the Tribunal that pin points the conditions to what all persons the premium is collected, whether that P.A. and extra P.A. will apply and if one is able to convince the court that does not relate to a passenger in a M.A.C.A. 1849 & 1851 OF 2009 -:3:- private car, then the insurance company may be exonerated from the liability. 3. Similarly, they have to satisfy the conditions for getting the coverage like death or a permanent disability as enunciated in the conditions. So these are all matters which the insurance company has to prove because one does not know what is intended by extra P.A. We have come across P.A. which applies only when death or permanent disability as contemplated under the endorsements takes place. There is no explanation to what all cases extra P.A. will apply. Therefore the award under challenge is set aside so far as it relates to the liability of the insurance company is concerned and the matter is remitted back to the Tribunal for fresh consideration by permitting all concerned to produce documentary as well as oral evidence in support of their respective contentions and then dispose of the matter in accordance with law. M.A.C.A. 1849 & 1851 OF 2009 -:4:- 4. Since the claimant and owner has not entered appearance before this Court the insurance company is directed to take out notice to them for the reason that their junction is necessary for a proper disposal of the case. 5. The appellant is directed to appear before the Tribunal on 18.12.2009. The MACAs. are disposed of accordingly. M.N. KRISHNAN, JUDGE. ul/-