IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN WEDNESDAY, THE 21ST OCTOBER 2009 / 29TH ASWINA 1931 MACA.No. 1598 of 2009(D) ----------------------------- (AGAINST THE AWARD IN O.P.(MV)1479/03 OF THE MOTOR ACCIDENTS CLAIMS TRIBUNAL, NORTH PARAVUR) APPELLANT(S) PETITIONER : --------------------------------- SIVI ALIAS SIBY, S/O MATHEW, CHINGAMTHARA HOUSE, ELANTHIKARA. PUTHENVELIKARA. BY ADV. SRI.P.V.ELIAS SRI.MURALI MANOHAR.R RESPONDENT(S)/ RESPONDENTS : ------------------------------------------ 1. CHAKO, S/O KURIAN, OMASSERIL MANAPPURATHU, ANJALITHANAM P.O. KUNNANTHANAM, MALLAPPILY. 2. SHAJU, S/O MATHEW, CHINGAMTHARA HOUSE, ELANTHIKARA. PUTHENVELIKARA. 3. THE ORIENTAL INSURANCE CO. LTD. BRANCH OFFICE MANAPPATTU BUILDING, 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 21/10/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: M.N. KRISHNAN, J. = = = = = = = = = = = = = = M.A.C.A. NO. 1598 OF 2009 = = = = = = = = = = = = = = = Dated this the 21st day of October, 2009. J U D G M E N T This appeal is preferred against the award of the Motor Accidents Claims Tribunal, North Paravur in O.P.(MV) 1479/03. The claimant who sustained injuries in a road accident was a pillion rider to a two wheeler and the Tribunal exonerated the insurance company from the liability and it is against that decision the claimant has come up in appeal. Heard the learned counsel for the appellant as well as the insurance company. The learned counsel for the appellant would contend that the vehicle was covered by a package policy as is evidenced by Ext.B1 and therefore in the light of the decisions reported in New India Assurance Co. Ltd. v. Hydrose (2008 (3) KLT 778) and Mathew v. Shaji Mathew (2009 (3) KLT 813) the conditions of the policy will cover the risk of the person who was travelling in the M.A.C.A. 1598 OF 2009 -:2:- motor vehicle and therefore the insurance company has to be made liable for. The trial court considered the question in the light of the Full Bench decision of this court where the question that arose for consideration was even if it is a comprehensive policy unless specific premium is paid it will not cover the risk of a pillion rider. Now the later Division Bench ruling of this court is based on the conditions of the insurance contract which will bind the insurance company if such a condition to cover a person is there even in the absence of payment of premium. But unfortunately those conditions are never been produced before the Tribunal and it did not have an opportunity to peruse the same. Therefore the order passed by the Tribunal exonerating the insurance company from the liability is set aside and the matter is remitted back to the Tribunal with a direction to the insurance company to produce the conditions of the policy and then permit both the sides to adduce both documentary as well as oral evidence in support of their respective contentions and then dispose of the matter in accordance M.A.C.A. 1598 OF 2009 -:3:- with law with the available latest decision on the point at that point of time. Parties are directed to appear before the Tribunal on 1.12.2009. M.N. KRISHNAN, JUDGE. ul/-