IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN TUESDAY, THE 19TH AUGUST 2008 / 28TH SRAVANA 1930 MACA.No. 2156 of 2007() ---------------------------------- OPMV.3338/2001 OF MOTOR ACCIDENT CLAIMS TRIBUNAL, THRISSUR .................... APPELLANT/RESPONDENT NO.2 ------------------------------------------------- M/S. UNITED INDIA INSURANCE CO. LTD., BRANCH OFFICE, KURUPPAM ROAD, THRISSUR, NOW REPRESENTED BY ITS ASSISTANT MANAGER, REGIONAL OFFICE, SHARANYA, HOSPITAL ROAD, KOCHI-11. BY ADV. SRI.S.MAMMU RESPONDENTS/ PETITIONER AND RESPONDENT NO.1 ------------------------------------------------------------------------------ 1. VENUGOPALAN, S/O. NARAYANAN, AGED 38 YEARS, CHERUSSERY HOUSE, VALLACHIRA VILLAGE, CHERUSSERY DESOM, THRISSUR DISTRICT. 2. SANTHOSH C.N., CHERUSSERY HOUSE, P.O.THAIKKATTUSSERY, THRISSUR DISTRICT. ADV. SRI.C.CHANDRASEKHARAN FOR R1 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 19/08/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ORDER ON I.A. NO.2756/2007 IN MACA. NO.2156/2007 DISMISSED 19/08/2008. SD/- M.N.KRISHNAN, JUDGE // TRUE COPY // P.A. TO JUDGE Rs/ M.N. KRISHNAN, J. = = = = = = = = = = = = = = M.A.C.A. NO. 2156 OF 2007 = = = = = = = = = = = = = = = Dated this the 19th day of August, 2008. J U D G M E N T This appeal is preferred against the award of the Motor Accidents Claims Tribunal, Thrissur in O.P.(MV)3338/01. The Tribunal held that the policy issued by the 2nd respondent is a comprehensive policy. So even if the petitioner was a pillion rider he is entitled to get compensation from the 2nd respondent. It has been made very clear in so many decisions that a comprehensive policy does not mean that it covers the entire risk. Comprehensive policy in many cases only covers own party damages plus third party risk. Such a comprehensive policy does not take in any additional premium for covering passengers. So just because it is a comprehensive policy one cannot jump to the conclusion on that aspect. 2. Secondly, even without producing the conditions of policy one cannot find out whether there is any condition which binds the insurance company to indemnify the owner. M.A.C.A. 2156 OF 2007 -:2:- To crown all these things even the policy copy is not produced before the Tribunal and it is only the certificate of insurance that is produced. So the generic statement by the Tribunal that comprehensive policy covers a pillion rider is not proper without seeing the policy or the conditions of the policy. Therefore the said finding of the Tribunal requires interference and therefore it is set aside. Therefore the award under challenge is set aside so far as it relates to the liability of the insurance company and an opportunity is given to both sides to produce documentary as well as oral evidence in support of their respective contentions to prove whether a pillion rider is covered under the particular policy claimed in the case. Needless to say that one has to produce policy as well as the policy conditions for proper appreciation of the matter. Parties are directed to appear before the Tribunal on 6.10.08. The MACA is disposed of accordingly. M.N. KRISHNAN, JUDGE. ul/-