IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN FRIDAY, THE 8TH AUGUST 2008 / 17TH SRAVANA 1930 MACA.No. 1063 of 2008 -------------------------------- O.P.(MV).NO.176/2002 OF ADDL.MOTOR ACCIDENT CLAIMS TRIBUNAL, ALAPPUZHA. .................... APPELLANT/ 3RD RESPONDENT: ----------------------------------------------- UNITED INDIA INSURANCE COMPANY LTD, REP.BY ITS ASST.MANAGER,REGIONAL OFFICE, SHARANYA,HOSPITAL ROAD,KOCHI-11. BY ADV. SRI.P.R.RAMACHANDRA MENON. RESPONDENTS: ----------------------- 1. P.V.BABU, S/O.VELAYUDHAN, SABINILAYAM, THYKKATTUSSERY P.O,CHERTHALA. 2. SABU,PARAMBITHARA CHIRA, THYKKATTUSSERY P.O,CHERTHALA. 3. SHIBU,VALIZATHU VELI,K.R.PURAM P.O, CHERTHALA. ADV. SRI.N.RAGHURAJ FOR R1, ADV. SMT.K.AMMINIKUTTY FOR R1. THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING COME UP FOR ADMISSION ON 08/08/2008,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: prv. M.N.KRISHNAN, J ===================== MACA No.1063 OF 2008 ===================== Dated this the 8th day of August 2008 JUDGMENT This appeal is preferred against the award of the Motor Accidents Claims Tribunal, Alappuzha in O.P.(MV)No.176 of 2002. The claimant sustained injuries in a road accident and the Tribunal has awarded him a compensation of Rs.14,500/- and directed the insurance company to pay the amount. The claimant was a pillion rider. In the additional written statement, the insurance company contended that being a pillion rider, in view of the latest position of law, he is a gratuitous passenger and he is not entitled to compensation. The Tribunal, even without seeing the policy held that it is a comprehensive policy and therefore it covers the risk and directed the insurance company to indemnify. Such an approach is erroneous and even the policy and conditions attached are not exhibited or marked. Such an approach is not proper for the reason that all comprehensive policies did not cover a pillion rider. It has been held in very many cases that payment of additional premium is necessary and in some cases, it has been held that it depends upon the conditions in the policy. Therefore what are the MACA 1063/2008 -:2:- conditions of the policy and whether the premium is paid or not for coverage are all matters that should have been considered. Equally, the insurance company also did not take much strain to substantiate the contention raised before the Tribunal. Therefore the matter requires reconsideration and so the award under challenge with respect to the liability is set aside and the matter is remitted back to the Tribunal. None of the respondents had entered appearance before this Court and therefore I direct the insurance company to take out notice to the claimant as well as to others after its appearance before the Tribunal. Parties are directed to appear before the Tribunal on 17.9.2008. MACA is disposed of as above. M.N.KRISHNAN, JUDGE Cdp/-