IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN THURSDAY, THE 11TH FEBRUARY 2010 / 22ND MAGHA 1931 MACA.No. 180 of 2008(D) --------------------------- OPMV.1213/2004 of MOTOR ACCIDENT CLAIMS TRIBUNAL, KOTTAYAM .................... APPELLANT(S): 3RD RESPONDENT: ------------------------------------ THE ORIENTAL INSURANCE COMPANY LTD., ALUVA NOW REPRESENTED BY ITS ASSISTANT MANAGER, REGIONAL OFFICE, METRO PALACE, KOCHI-18. BY ADV. SRI.MATHEWS JACOB, SENIOR ADVOCATE SRI.P.JACOB MATHEW RESPONDENT(S): PETITIONER AND RESPONDENTS 1 AND 2: ------------------------------------------------------------------------- 1. TOMY CYRIAC, VILLUNNUMKALAYIL, ERAVIMANGALAM P.O., MUTTUCHIRA, MANOOR VILLAGE, VAIKOM, KOTTAYAM. 2. A.M.GEORGE, ACHIRATHALAKKAL HOUSE, ERAVIMANGALAM P.O., MUTTUCHIRA. 3. NAZAR, MARAPPALLIL HOUSE, MUTHEDATHU CHACKALACKAL, ALUVA, ERNAKULAM. THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 11/02/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: M.N. KRISHNAN, J. = = = = = = = = = = = = = = M.A.C.A. NO. 180 OF 2008 = = = = = = = = = = = = = = = Dated this the 11h day of February, 2010. J U D G M E N T This appeal is preferred against the award of the Motor Accidents Claims Tribunal, Kottayam in O.P.(MV)1213/04. The claimant, a pillion rider, sustained injuries in a road accident and the Tribunal has awarded a compensation of Rs.22,500/- and directed the insurance company to pay Rs.10,500/- and to receive the balance from respondents 1 and 2. It is against that decision the insurance company has come up in appeal. 2. The vehicle is covered by an Act only policy. Admittedly no premium is paid for the coverage of a pillion rider and as the status of the person travelling as a pillion rider is that of a gratuitous passenger following the principles laid down in Tilak Singh's case [United India Insurance Co. Ltd. v. Tilak Singh)2006 (2) KLT 884(SC) the insurance company will not be liable to pay the amount but the Tribunal found that there is a personal accident coverage M.A.C.A. 180 OF 2008 -:2:- for two persons and premium has been collected. The question of personal accident coverage is always attached with conditions. Normally conditions are found in endorsements 64 and 70 attached to the policy which indicate that there must be either death or permanent disability of such a nature as explained in the conditions. Only if persons sustain such form of disability they will be covered under the personal accident coverage. Unfortunately policy conditions had not been produced and it has been not explained before the Tribunal and therefore the Tribunal had granted an award to the extent of Rs.10,500/-. Therefore the matter requires reconsideration at the hands of the Tribunal. 3. Therefore the award under challenge is set aside so far as it relates to the liability of the insurance company is concerned and the matter is remitted back to the Tribunal with a direction to the insurance company to produce the policy as well as the conditions of the policy and then adduce evidence in support of its contentions. Needless to say other M.A.C.A. 180 OF 2008 -:3:- persons are also entitled to raise their own contentions. Since others had not entered appearance before this Court, the insurance company on appearance before the Court below shall take out notice to the owner and claimant so as to have a proper disposal of the matter. Parties are directed to appear before the Tribunal on 5.3.2010. M.N. KRISHNAN, JUDGE. ul/-