IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN TUESDAY, THE 1ST DECEMBER 2009 / 10TH AGRAHAYANA 1931 MACA.No. 3015 of 2008() ---------------------------- OPMV.1344/2002 of MOTOR ACCIDENT CLAIMS TRIBUNAL, IRINJALAKUDA ...................... APPELLANT(S): ---------------- SAJEESH, 31 YEARS, S/O.MUTHIRAPARAMBIL RAVEENDRAN, P.O. ANAPUZHA, KODUNGALLUR. BY ADV. SMT.JEENA JOSEPH SRI.G.D.PANICKER RESPONDENT(S): ------------------- 1. K.H.HARIKRISHNAN, S/O.KIZHAKKEDATH HARSHAN, P. O. ANAPUZHA, P.O. KODUNGALLUR, 2. GIREESAN,M.K., S/O.MUTHIRAPARAMBIL KRISHNA, P. O. ANAPUZHA, P.O. KODUNGALLUR, 3. ORIENTAL INSURANCE CO.LTD., BRANCH OFFICE, MANAPPATT BUILDINGS, NORTH NADA KODUNGALLOOR. ADV. SRI.MATHEWS JACOB, SENIOR ADVOCATE FOR R3 SRI.P.JACOB MATHEW FOR R3 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 01/12/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: M.N.KRISHNAN, J. ------------------------------------------ M.A.C.A. No. 3015 OF 2008 ------------------------------------------ Dated this the 1st day of December, 2009 JUDGMENT This is an appeal preferred against the award of the Claims Tribunal, Irinjalakuda, in O.P(M.V) No.1344/2002. The claimant, a pillion rider sustained injuries in a road accident and the Tribunal has awarded a compensation of Rs.32,400/- and exonerated the Insurance Company from the liability. It is against that decision, the claimant has come up in appeal challenging the quantum as well as the liability of the Insurance Company. 2. Heard the counsel for the appellant as well as the Insurance Company. The learned counsel for the appellant strongly contends before me that since the policy involved is a 'comprehensive policy', by virtue of the conditions of the policy the Insurance Company is bound to pay the amount. Unfortunately the conditions of the policy had not been produced before the Tribunal. In (New India Insurance Company Vs. M.A.C.A. No. 3015 OF 2008 2 Hydrose and another 2008 (3) KLT 878), the Division Bench of this Court was considering the conditions in a package policy, wherein it is stated that the Insurance Company has undertaken to cover the risk in the event of death or injury to any person traveling in a motor vehicle other than for hire or reward. 3. Subsequent to 2001, another clause was introduced in such policies, ”except so far as the liability under the Motor Vehicles Act”. This clause also came up for consideration before the Division Bench of this Court in (Mathew Vs. Shaji Mathew 2009 (3) KLT 813) and in both cases the Division Benches had taken the view that by virtue of the conditions of the policy, the Insurance Company is bound to pay the amount. So everything depends upon the conditions of the policy for which it has to be produced. Since the matter has to go back. I direct the Tribunal to consider the request for enhancement as well. 4. Therefore the award under challenge is set aside and the matter is remitted back to the Tribunal with a direction to permit M.A.C.A. No. 3015 OF 2008 3 all concerned to produce both documentary as well as oral evidence in support of their respective contentions and then dispose the matter in accordance with law. Claimant shall also take out notice to the owner for a proper disposal of the case. Parties are directed to appear before the Tribunal on 07.01.2010. M.N.KRISHNAN, JUDGE SS