IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN TUESDAY, THE 29TH SEPTEMBER 2009 / 7TH ASWINA 1931 MACA.No. 2834 of 2008(A) ----------------------- OPMV.480/2006 of MOTOR ACCIDENT CLAIMS TRIBUNAL, KOTTAYAM .................... APPELLANT(S)/PETITIONER: ---------------------------------- SWAYAMPRBHA @ PRABHA, THAIKOOTTATHI HOUSE PARAPPALLY BHAGOM THALAYAZHAM VILLAGE, VAIKOM. BY ADV. SRI.R.REJI SRI.B.BIPIN RESPONDENT(S)/RESPONDENT: ------------------------------------ 1. SHIBU, MUKALEL HOUSE MEMURIKKARA, MANJOOR VILLAGE 2. MANOJ JOSEPH, MANOJ NIVAS KOTTATHY, PADINJATTUMBHAGOM KARA ATHIRAMPUZHA VILLAGE, KOTTAYAM. 3. THE ORIENTAL INSURANCE CO.LTD. KOTTAYAM. ADV. SRI.GEORGE CHERIAN (THIRUVALLA) FOR R3 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 29/09/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: M.N. KRISHNAN, J. = = = = = = = = = = = = = = M.A.C.A. NO. 2834 OF 2008 = = = = = = = = = = = = = = = Dated this the 29th day of September, 2009. J U D G M E N T This is an appeal preferred against the award of the Motor Accidents Claims Tribunal, Kottayam in O.P.(MV) 480/06. The claimant, a pillion rider in a motorcycle sustained injuries in a road accident and he has been awarded a compensation of Rs.27,025/- with interest. It is against that decision the claimant has come up in appeal challenging the quantum of compensation as well as the exoneration of the liability of the company. 2. Admittedly the vehicle was insured by a package policy. Normally there are conditions attached to a package policy and two Division Benches of this court in New India Assurance Co. Ltd. v. Hydrose (2008 (3) KLT 778) and in Mathew v. Shaji Mathew (2009 (3) KLT 813) had considered clause II(i) of the policy conditions. In the light of these two decisions it is held that the insurance company is bound to pay the compensation. Unfortunately the company M.A.C.A. 2834 OF 2008 -:2:- has not produced the conditions of the policy and it should be produced. Therefore the matters requires reconsideration at the hands of the Tribunal, after the production of the policy conditions, the matter be decided in accordance with law thereafter. Since the matter is remitted to the Tribunal the Tribunal may also reconsider the question of quantum that is adjudicated by the claimant. In the result the MACA is allowed and the award under challenge is set aside and the matter is remitted back to the Tribunal to consider the question of liability of the insurance company as well as the claimant. The insurance company is directed to take out notice to the owner after it enters appearance before the Tribunal for proper disposal of the matter. Parties are directed to appear before the Tribunal on 17.11.2009. M.N. KRISHNAN, JUDGE. ul/-