IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN WEDNESDAY, THE 18TH NOVEMBER 2009 / 27TH KARTHIKA 1931 MACA.No. 2792 of 2009(G) --------------------------------- OPMV.1077/2005 of MOTOR ACCIDENT CLAIMS TRIBUNAL, OTTAPALAM .................... APPELLANT(S): 3RD RESPONDENT --------------------------------------- THE ORIENTAL INSURANCE CO. LIMITED CHALAKKUDY NOW REPRESENTED BY ITS ASSISTANT MANAGER REGIONAL OFFICE, METRO PALACE, KOCHI-18. BY ADV. SRI.MATHEWS JACOB, SENIOR ADVOCATE SRI.P.JACOB MATHEW RESPONDENT(S): PETITIONER AND RESPONDETNS 1 AND 2 ----------------------------------------------------------------------- 1. THOMAS N.L., S/O. N.J.LONAPPAN NADUVIL PEEDIKA HOUSE, NANDHIPULAM P.O., THRISSUR DISTRICT. 2. JOY, S/O. LONAPPAN, MAPPRANATHUKKARAN HOUSE, NANDHIPULAMP.O., THRISSUR DISTRICT. 3. A.A.VARGHESE, ACHANDY HOUSE, VALLACHIRA.P.O. THRISSUR DISTRICT. ADV. SRI.SHEJI P.ABRAHAM FOR R1 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING COME UP FOR ADMISSION ON 18/11/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: M.N. KRISHNAN, J. = = = = = = = = = = = = = = M.A.C.A. NO. 2792 OF 2009 = = = = = = = = = = = = = = = Dated this the 18th day of November, 2009. J U D G M E N T This appeal is preferred against the award of the Motor Accidents Claims Tribunal, Ottappalam in O.P.(MV)1077/05. The claimant, a pillion rider in a two wheeler sustained injuries in a road accident and the Tribunal awarded him a compensation of Rs.74,050/- and directed the insurance company to pay the amount. Aggrieved by the said decision the insurance company has come up in appeal. 2. Learned counsel for the insurance company very strongly submits before me that the Tribunal has entered into an erroneous finding without understanding the implications of the policy produced in the case. The policy is an an Act only policy where there is a coverage for personal accident and some amount is paid for the same and there is M.A.C.A. 2792 OF 2009 -:2:- also an entry as extra loading . It has to be understood that extra load is not some thing which is connected with the coverage of a person in a policy. Similarly personal accident coverage envisages a situation where the death results or a permanent disability as per the endorsement in the policy conditions takes place. Otherwise it is only a simple Act only policy which covers the risk of only third parties. There was a duty cast upon the counsel who appeared for the insurance company before the Court below to explain those technical terms to the Tribunal for due consideration. Therefore the matter requires reconsideration at the hands of the Tribunal and the award under challenge is liable to be set aside so far as it relates to the interse liability. In the result MACA is partly allowed and the award so far as it relates to the liability of the insurance company is set aside and the matter is remitted back to the Tribunal for fresh consideration by permitting all concerned to produce documentary as well as oral evidence as the case may be and then dispose of the matter in accordance with law. Since the owner of the vehicle has not entered appearance before this Court and as M.A.C.A. 2792 OF 2009 -:3:- it will directly affect him the insurance company is directed to take out notice to the owner after he enters appearance before the Tribunal. Parties are directed to appear before the Tribunal on 17/12/09. M.N. KRISHNAN, JUDGE. ul/-