IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN MONDAY, THE 26TH MAY 2008 / 5TH JYAISHTA 1930 MACA.No. 399 of 2008(A) ----------------------------------- O.P(MV).NO.1472/2004 OF MOTOR ACCIDENT CLAIMS TRIBUNAL, KOTTAYAM .................... APPELLANT/RESPONDENT NO.2: ------------------------------------------------ M/S.UNITED INDIA INSURANCE CO.LTD., DIVISIONAL OFFICE, KOTTAYAM, NOW REPRESENTED BY ITS ASSISTANT MANAGER, REGIONAL OFFICE, SHARANYA, HOSPITAL ROAD, ERNAKULAM, KOCHI-11. BY ADV. SRI.S.MAMMU. RESPONDENTS/ PETITIONER AND RESPONDENTS NO.1: --------------------------------------------------------------------------------- 1. KUNJUMON, S/O.KUNJUKUTTY, CHIRATHALAKKAL HOUSE, CHAMAKKALA, KOTTAYAM. 2. SIBY LUKOSE, KAITHATHOTTIYIL HOUSE, KURUMULLOOR P.O., KOTTAYAM. BY ADV. SRI.P.F.THOMAS (SR.) - R1, SRI. SHIJU VARGHEESE - R1, SRI. PRAMOJ ABRAHAM - R1. THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 26/05/2008,THE COURT ON THE SAME DAY PASSED THE FOLLOWING: M.N. KRISHNAN, J. = = = = = = = = = = = = = = M.A.C.A. NO. 399 OF 2008 = = = = = = = = = = = = = = = Dated this the 26th day of May, 2008. J U D G M E N T This appeal is preferred by the United India Insurance Company against the award of the Motor Accidents Claims Tribunal, Kottayam in O.P.(MV)1472/04. The claimant was a pillion rider and the Tribunal has stated, “To substantiate that contention R2 has produced Ext.B1 certified true copy of the policy certificate which shows that it is not a 'liability only' policy, but is a 'Motor Cycle/Scooter package' policy which presumptively covers the risk of occupant also.” R2 has not produced a copy of the terms and conditions appended to the policy. By virtue of the decision of the Apex Court in [United India Insurance Co. Ltd. v. Tilak Singh (2006 (4) SCC 404)] a pillion rider will not be covered unless there is special premium paid for the purpose. It is desirable that such matters are not decided on assumptions and presumptions and therefore it is desirable that an opportunity is given to the insurance company to produce a M.A.C.A. 399 OF 2008 -:2:- copy of the policy with the terms and conditions and also permit the claimant and the owner to make available materials with them to find out whether such a policy really covers the risk of the pillion rider and so for the said purpose the matters requires consideration by the Tribunal. Therefore the award under challenge is set aside so far as it relates to the liability of the insurance company is concerned and an opportunity is given to the insurance company as well as the other parties to substantiate their respective contentions in accordance with law and for the said purpose the Tribunal can permit them to produce documents and adduce evidence in support of their respective contentions. Parties are directed to appear before the Court below on 2.7.2008. M.N. KRISHNAN, JUDGE. ul/-