IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN MONDAY, THE 1ST SEPTEMBER 2008 / 10TH BHADRA 1930 MACA.No. 2043 of 2007() ----------------------- OPMV.1095/2001 of MOTOR ACCIDENT CLAIMS TRIBUNAL, ALAPPUZHA .................... APPELLANT/2ND RESPONDENT ----------------------------------- THE NEW INDIA ASSURANCE CO.LTD., REPRESENTED BY ITS MANAGER, ALAPPUZHA. BY ADV. SRI.KKM.SHERIF SRI.A.A.ZIYAD RAHMAN RESPONDENTS: PETITIONER AND RESPONDENT NO.1 ------------------------------------------- 1. AJI, S/O.UNNI, KUNTHARA HOUSE, S.N.PURAM POST, CHERTHALA, ALAPPUZHA DISTRICT. 2. GIMIDAS, S/O.KUMARAN, KUTTICHIRA VEEDU, S.N.PURAM POST, CHERTHALA, ALAPPUZHA DISTRICT. BY ADV. SRI.T.B.SARASAN THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 01/09/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: MACA No. 2043/07 ORDER ON IA No. 3037/07 IN MACA No.2043/07 DISMISSED 1.9.08 SD/- M.N.KRISHNAN, JUDGE /TRUE COPY/ PA TO JUDGE. M.N.KRISHNAN, J. -------------------------- M.A.C.A. No. 2043 OF 2007 --------------------- Dated this the 1st day of September, 2008 JUDGMENT This appeal is preferred against the award passed by the Motor Accident Claims Tribunal, Alappuzha, in OP(MV) 1095/01. The Insurance Company has challenged the award on the ground that the Tribunal has erred in fixing the liability on the Insurance Company with respect to a gratuitous passenger. The Tribunal held that being a comprehensive policy the pillion rider is covered. I feel one cannot jump to such a conclusion on account of the fact that it is a comprehensive policy. Comprehensive policy under the ordinarily parlance only may take own party damage plus third party risk. Therefore in some comprehensive policies there may not be any collection of additional premium to cover a pillion rider. One cannot stop with that. There are conditions attached to the issuance of comprehensive policies. Suppose there is any condition in the comprehensive policy whereby the Insurance Company undertakes to cover a person travelling in a motor cycle other than for hire or reward, it may be a situation that will go in favour of the insured for MACA No. 2043/07 2 coverage under the policy. These are all matters which can be considered by the Tribunal on the production of the conditions of the policy. Unfortunately even without seeing the conditions of the policy, the Tribunal has jumped to the conclusion that being a comprehensive policy the pillion rider is covered. The said approach is erroneous. Therefore the award passed by the Tribunal is set aside, so far as it relates to the liability, and the matter is remitted back to the Tribunal for fresh consideration after permitting the Insurance Company as well as the owner of the vehicle to produce necessary documents and then dispose of the matter in accordance with law. Parties are directed to appear before the Tribunal on 21.10.08. M.N.KRISHNAN, JUDGE vps MACA No. 2043/07 3