IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN WEDNESDAY, THE 28TH JANUARY 2009 / 8TH MAGHA 1930 MACA.No. 2672 of 2008() ----------------------------------- OPMV.769/2002 of MOTOR ACCIDENT CLAIMS TRIBUNAL, TRIVANDRUM .................... APPELLANT/APPLICANT ----------------------------------------- SUKUMARA PILLAI, S/O.BHASKARA PILLAI, POURNAMI, KARAYALATHINKONAM, VENCODE P.O., THIRUVANANTHAPURAM. BY ADV. SRI.SANTHAN V.NAIR RESPONDENT/ RESPONDENT ------------------------------------------- 1. K.P.GOPALAKRISHNA PILLAI, S/O.KOCHAPPI PILLAI, PADIPPURA HOUSE, KALLAYAM, THIRUVANANTHAPURAM. 2. SUNIL KUMAR, S/O.GOVINDAN NAIR, CHANDRIKA BHAVAN, KARAMCODU, KALLAYAM P.O., THIRUVANANTHAPURAM. 3. THE SENIOR DIVISIONAL MANAGER, NATIONAL INSURANCE COMPANY LTD., ST.JOSEPH PRESS BUILDING, VAZHUTHACAUD, THIRUVANANTHAPURAM. BY ADV. SRI.LAL GEORGE FOR R3 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 28/01/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: M.N. KRISHNAN, J ----------------------- M.A.C.A.No. 2672 OF 2008 --------------------------------- Dated this the 28th day of January, 2009 JUDGMENT This is an appeal preferred against the award of the Motor Accident Claims Tribunal, Thiruvananthapuram in O.P.(MV) No.769/2002. The claimant, a pillion rider in a motor cycle, sustained injuries in a road accident and he has been awarded a compensation of Rs. 23,650/- and the Insurance Company has been exonerated from the liability. It is against the exoneration of the Insurance Company from the liability, the appeal is preferred by the claimant. 2. A perusal of the award as well as the policy would show that it is a comprehensive policy. Unfortunately the conditions of the comprehensive policy has not been produced. Admittedly no additional premium is collected to cover the risk of a pillion rider. So far as the liability of the Insurance Company is concerned, if the policy issued is only an Act only policy and no additional premium is collected and therefore in the light of the dictum laid down in United India Insurance Co. Ltd. v. Tilak Singh [2006 (2) KLT 884], the Insurance Company is not bound to pay the amount. But there are certain comprehensive policies which contains M.A.C.A. 2672/2008 2 conditions of the contract whereby it undertakes to cover the risk of a person travelling in a motor vehicle other than for hire or reward. This clause came up for consideration before a Division Bench of this court in the decision reported in New India Assurance Company Ltd. v. Hydrose and others [2008 (3) KHC 522] , held that by virtue of the terms of the contract, the Insurance company may be liable to pay the amount. But all depends upon the specific clause contained in the policy and if there is a coverage by terms of the contract then the Insurance Company may not be able to escape. But for the said purpose it requires production of the conditions of the policy as well as the evidence. Therefore the matter requires reconsideration at the hands of the tribunal. Therefore the award under challenge is set aside so far as it relates to the liability is concerned and matter is remitted back to the tribunal for fresh consideration . All parties are permitted to produce documentary as well as oral evidence in support of their respective contentions. Parties are directed to appear before the tribunal on 3.3.2009. M.N. KRISHNAN,JUDGE vkm