IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN WEDNESDAY, THE 3RD DECEMBER 2008 / 12TH AGRAHAYANA 1930 M.A.C.A.No. 262 of 2008(F) ------------------------------------ OP(MV)NO.3714/1999 OF MOTOR ACCIDENT CLAIMS TRIBUNAL, ERNAKULAM .................... APPELLANT/PETITIONER IN O.P.(MV): ------------------------------------------------------ RENJITH,S/O. JOSEPH, ANTHIKKAD VEEDU, EAST OF KOTTAKUNNU JANATHA BUS-STOP MANJUMMAL P.O., UDYOGAMANDAL. BY ADV. SRI.MATHEWS K.PHILIP SMT.T.MANASY RESPONDENTS/RESPONDENTS 1 & 3 IN O.P.(MV): ---------------------------------------------------------------------- 1. BINU, S/O. DANIAL, PONMELIL HOUSE, MANJUMMAL P.O., UDYOGAMANDAL. 2. P.T.DANIEL,PONMELIL HOUSE, MANJUMMAL P.O., UDYOGAMANDAL. 3. THE NEW INDIA ASSURANCE COMPANY LIMITED, MTPC OFFICE, M.G.ROAD , COCHIN. ADV. SRI.P.JAYASANKAR - R3 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 03/12/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: M.N. KRISHNAN, J ----------------------- M.A.C.A.No. 262 OF 2008 --------------------------------- Dated this the 3rd day of December, 2008 JUDGMENT This appeal is preferred against the award of the Motor Accident Claims Tribunal, Ernakulam in O.P.(MV) No.3714/1999. The claimant, a pillion rider, sustained injuries in a road accident and the tribunal has awarded a compensation of Rs. 20,000/-. The tribunal exonerated the Insurance Company from the liability on the ground that it is not an extended policy or any additional premium is paid to cover the risk of a pillion rider. The learned counsel for the appellant made available before me for perusal a copy of the policy which appears to be a comprehensive policy. It is argued that the comprehensive policy is followed by conditions especially Section II(1)(i) which has taken the coverage of a person who is carried in a motor vehicle other than for hire or reward. If such a condition is available and it is the very same clause has been considered before the Division Bench of this Court in the decision reported in New India Assurance Company Ltd. v. Hydrose and others [2008 (3) KHC 522], it has become necessary to find out whether there is such a clause attached to the policy and if M.A.C.A.No. 262/2008 -2- such a condition is there, it is covered by the decision of this Court as referred to above. So matter requires reconsideration and therefore the award under challenge is set aside with respect to the liability and the parties are permitted to produce documentary as well as oral evidence in support of their respective contentions to substantiate the same. The Insurance Company is directed to produce the conditions of the policy for perusal, so that the matter can be decided in accordance with law. Parties are directed to appear before the tribunal on 6.1.2009. M.N. KRISHNAN,JUDGE vkm