IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN WEDNESDAY, THE 12TH NOVEMBER 2008 / 21ST KARTHIKA 1930 MACA.No. 1152 of 2008() ----------------------- OPMV.135/2003 of MOTOR ACCIDENT CLAIMS TRIBUNAL, IRINJALAKUDA .................... APPELLANT/3RD RESPONDENT -------------------------------------- THE ORIENTAL INSURANCE COMPANY LIMITED, KODUNGALLUR, NOW REPRESENTED BY ITS ASSISTANT MANAGER, REGIONAL OFFICE, METRO PALACE, KOCHI-18. BY ADV. SRI.MATHEWS JACOB (SR.) SRI.P.JACOB MATHEW RESPONDENTS/PETITIONER AND RESPONDENTS 1 & 2 ---------------------------------------------- 1. PONNAN @ SURESH BABU, S/O.PONNAMBULLY SUBRAMANIAN, PANANGAD.P.O., MULLAN BAZAR, S.N.PURAM VILLAGE, KODUNGALLUR TALUK. 2. ARUN, S/O.MANNAMPARAMBIL PEETHAMBARAN, P.VEMBALLUR P.O., S.N.PURAM VILLAGE, KODUNGALLUR TALUK. 3. C.K.SANTHOSH, CHERULIVALAPPIL HOUSE, CHERUVATHERY P.O., CHEVOOR, THRISSUR DISTRICT. ADV. SRI.DENIZEN KOMATH FOR R2 SRI.SHERRY J. THOMAS FOR R2 SRI.K.A.JALEEL FOR R1 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 12/11/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: MACA No. 1152/08 ORDER ON IA No. 1377/08 IN MACA No.1152/08 DISMISSED 12.11.08 SD/- M.N.KRISHNAN, JUDGE /TRUE COPY/ PA TO JUDGE. M.N. KRISHNAN, J ----------------------- M.A.C.A.No. 1152 OF 2008 --------------------------------- Dated this the 12th day of November, 2008 JUDGMENT This appeal is preferred against the award of the Motor Accident Claims Tribunal, Irinjalakuda in O.P.(MV) No.135/2003. The claimant has sustained injuries in a road accident and he has been awarded compensation of Rs. 31,500/-. It is against that decision the Insurance Company has come up in appeal. The Insurance Company has raised the contention that the policy issued is only an Act only Policy and no additional premium is paid for coverage of a pillion rider and therefore the Insurance Company is not liable for the injuries sustained by a pillion rider. The Tribunal found that additional premium had been collected for personal accident as Rs. 63/- which limits the liability of the Insurance Company to Rs. 42,000/- for two. It is contended by the learned counsel for the Insurance Company that it is a personal accident coverage for two and there are conditions attached to the same. Such a coverage is only granted in cases of death and total permanent disablement. Unless these facts are established the collection of the premium would not amount to cover the pillion M.A.C.A.No. 1152/2008 -2- rider travelling in a vehicle. But the Tribunal felt that the amount is collected towards public risk and awarded compensation. Therefore the matter requires reconsideration. Therefore the award under challenge, so far it relates to the liability of the Insurance Company is concerned, is set aside and the parties are permitted to adduce oral as well as documentary evidence with respect to their respective contentions and the mater be disposed of in accordance with law. I make it clear that the conditions of the policy shall be produced by the Insurance Company and as the owner has not entered appearance before the court, a notice be taken by the Insurance Company to the owner so that he is also heard and the matter be disposed of. Parties are directed to appear before the Tribunal on 22.12.2008. M.N. KRISHNAN,JUDGE vkm