IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN FRIDAY, THE 23RD OCTOBER 2009 / 1ST KARTHIKA 1931 MACA.No. 563 of 2009(E) ---------------------- OPMV.262/2003 of MOTOR ACCIDENT CLAIMS TRIBUNAL, N. PARAVUR .................... APPELLANT(S): ORIGINAL PETITIONER ------------------------------------------------ N.V.BABY, S/O.VARGHESE, NJATTIYEL HOUSE, MATTUPURAM, MANNAM P.O., N.PARAVUR, EKM. DISTRICT. BY ADV. SRI.G.BALAMURALEEDHARAN (PARAVUR) SRI.MATHEWS V.JACOB (PARAVUR) SRI.N.T.NANDAKUMAR (PARAVUR) RESPONDENT(S): ORIGINAL IST RESPONDENT ----------------------------------------------------- 1. N.V.JOSEPH, NJATTIYEL HOUSE, KURIKKAD P.O., THIRUVANKULAM, EKM. DISTRICT. 2. PRINCE P.J., S/O.JOSE, PALAKKATT HOUSE, NEAR COMMUNITY HALL, KURIKKAD P.O., CHOTTANIKKARA, EKM. DISTRICT. 3. NATIONAL INSURANCE CO. LTD., BRANCH OFFICE, DAMODAR CHAMBERS, STATUE JUNCTION, THRIPPUNITHURA P.O. ADV. SRI.P.JAYASANKAR FOR R3 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 23/10/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: M.N. KRISHNAN, J. = = = = = = = = = = = = = = M.A.C.A. NO. 563 OF 2009 = = = = = = = = = = = = = = = Dated this the 23rd day of October, 2009. J U D G M E N T This appeal is preferred against the award of the Motor Accidents Claims Tribunal, North Paravur in O.P.(MV)262/03. The claimant, a pillion rider, sustained injuries in a road accident and the Tribunal awarded a sum of Rs.39,000/- and exonerated the insurance company from the liability on the ground that additional premium is not paid and therefore the pillion rider is not covered under the policy. It is against that decision the claimant has come up in appeal. Learned counsel for the appellant contends before me that being a comprehensive policy there are conditions attached to the comprehensive policy whereby the terms and conditions of the contract make the insurance company liable in the light of the decisions of this Court reported in New India Assurance Co. Ltd. v. Hydrose (2008 (3) KLT 778) and Mathew v. Shaji Mathew (2009 (3) KLT 813). In order to find out whether there are certain conditions or not, the M.A.C.A. 563 OF 2009 -:2:- policy conditions are not made available before the tribunal and therefore the matter requires reconsideration at the hands of the Tribunal and the insurance company is directed to produce the conditions of policy and the Tribunal is directed to consider the matter regarding the interse liability between the parties after permitting both the sides to produce and adduce documentary as well as oral evidence in support of their respective contentions. Parties are directed to appear before the Tribunal on 3.12.2009. M.N. KRISHNAN, JUDGE. ul/-