IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN TUESDAY, THE 6TH OCTOBER 2009 / 14TH ASWINA 1931 MACA.No. 2709 of 2008() ---------------------------------- OPMV.1008/2003 of MOTOR ACCIDENT CLAIMS TRIBUNAL, IRINJALAKUDA .................... APPELLANT/ PETITIONER ------------------------------------- JENY MON, S/O.DEVASSY, KADAAPPURAM HOUSE, PARAPPURAM DESOM, KAKKULISSERY VILLAGE, KUZHUR P.O., MUKUNDAPURAM TALUK, THRISSUR DISTRICT. BY ADV. MR.V.BINOY RAM RESPONDENTS/ RESPONDENTS ---------------------------------------------- 1. M.R. BHAGAVAL SINGH, S/O.RAMAN MARIKKAL, KAKKULISSERY VILLAGE, KUZHUR P.O., MUKUNDAPURAM TALUK, THRISSUR DISTRICT. 2. BINOY, S/O.BHAGAVALSINGH, MARIKKAL HOUSE, KAKKULISSERY VILLAGE, KUZHUR P.O., MUKUNDAPURAM TALUK, THRISSUR DISTRICT. 3. THE MANAGER, ORIENTAL INSURANCE CO.LTD., MANAPPAT BUILDING, NORTH NADA, KODUNGALLUR, THRISSUR DISTRICT. R3 BY MR.MATHEWS JACOB, SENIOR ADVOCATE, ADV. MR.P.JACOB MATHEW . THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING COME UP FOR ADMISSION ON 06/10/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: rs. M.N.KRISHNAN, J. ........................................... M.A.C.A.NO.2709 OF 2008 ............................................. Dated this the 6th day of October, 2009 J U D G M E N T This is an appeal preferred against the award of the Claims Tribunal, Irinjalakkuda in OP(MV)No.1008/2003. The accident is admitted and all the parties have been served on the delay condonation application and therefore I am proceeding to decide the appeal itself. 2. In this appeal, the claimant had been awarded a compensation of Rs.2,500/= and the insurance company has been exonerated from the liability holding that it does not cover the risk of a pillion rider. So far as the quantum is concerned, I find that there are only two abrasions which are most superficial injuries in an accident case. I do not want to interfere with the quantum awarded and therefore, that is sustained. So far as the liability of the insurance company is concerned, it is a comprehensive policy. We have come across various decisions where some conditions are attached to the comprehensive policy or the package policy which by itself covers the risk of a person : 2 : M.A.C.A.NO.2709 OF 2008 travelling in a motor cycle other than for hire or reward. But, unfortunately, only a certificate of insurance is produced and conditions of the policy are not produced. Therefore, I set aside that finding and remit the case back to the Tribunal with a direction to the insurance company to produce the policy as well as the policy conditions and thereafter the Tribunal may permit both sides to adduce evidence and dispose of the matter in accordance with law. The parties are directed to appear before the Tribunal on 20.11.2009. Disposed of accordingly. M.N.KRISHNAN, JUDGE cl : 3 : M.A.C.A.NO.2709 OF 2008