IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN TUESDAY, THE 3RD FEBRUARY 2009 / 14TH MAGHA 1930 MACA.No. 2826 of 2008(A) ------------------------------------ OPMV.337/2001 of MOTOR ACCIDENT CLAIMS TRIBUNAL, ERNAKULAM .................... APPELLANT(S): PETITIONER IN OPMV ------------------------------------------- MARY M.T. W/O.GEORGE, VENNITHADATHIL HOUSE, BRAHMAPURAM P.O. PUTHENCRUZ VILLAGE, KUNATHUNADU TALUK, ERNAKULAM DISTRICT. BY ADV. SRI.MATHEWS K.PHILIP ADV. SRI. N.J. ROSHER. RESPONDENT(S): RESPONDENT 1 TO 3 IN OPMV -------------------------------------------------------- 1. K.P.THANKAPPAN, QUARTER NO.525/06, FACT (CD) TOWN SHIP, AMBALAMEDU. 2. M.K.SUBRAMANIYAN, MANAYAPPATTU HOUSE,' PUTTUMANOOR, PUTHENCRUZ VILLAGE. 3. NATIONAL INSURANCE COMPANY LIMITED, KOLENCHERY BRANCH, POST BOX NO.6, MEDICAL MISSION JUNCTION, KOLENCHERY-682311. ADV. SRI.E.M.JOSEPH FOR R3 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 03/02/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: M.N. KRISHNAN, J. = = = = = = = = = = = = = = M.A.C.A. NO. 2826 OF 2008 = = = = = = = = = = = = = = = Dated this the 3rd day of February, 2009 J U D G M E N T This appeal is preferred against the award of the Motor Accidents Claims Tribunal, Ernakulam in O.P.(MV)337/01. The claimant, a pillion rider, sustained injuries in a road accident and the Tribunal has awarded a total compensation of Rs.14,350/- and exonerated insurance company from the liability. It is against that decision the claimant has come up in appeal for enhancement of compensation as well as challenging the finding of exoneration of liability. 2. Heard the counsel for the appellant as well as the insurance company. A perusal of the award would reveal that the policy issued is a comprehensive policy. The accident took place in August, 2000. This Court has come across policies issued prior to 2001 with a condition that any person carried in a motor vehicle other than for hire or reward is covered by the policy. The said clause came up for consideration before the Division Bench of this Court in New M.A.C.A. 2826 OF 2008 -:2:- India Assurance Co. Ltd. v. Hydrose [2008 (3) KHC 522(DB) wherein this Court held that if there is a specific term of the contract to cover the risk then the insurance company cannot get exonerated from the liability. Unfortunately, the conditions are not before the Court and it requires to be produced and marked. I am conscious of the fact that comprehensive policy does not mean that coverage for all. Comprehensive policy contains certain provisions regarding the coverage. But when there is a condition then that has to be looked into and the matter has to be considered. Since the matter has to go back I permit the claimant to adduce evidence with respect to her claim for entitlement of enhanced compensation as well. Therefore the award under challenge is set aside and the matter is remitted back to the Tribunal for consideration regarding the enhancement of compensation as well as regarding the exoneration of the insurance company from the liability. For the said purpose both the parties are permitted to adduce both documentary as well as oral evidence in support of their M.A.C.A. 2826 OF 2008 -:3:- respective contentions. Thereafter the Tribunal shall hear both sides and dispose of the matter in accordance with law. Parties are directed to appear before the Tribunal on 23.3.09. The MACA is disposed of accordingly. M.N. KRISHNAN, JUDGE. ul/-