IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN THURSDAY, THE 11TH NOVEMBER 2010 / 20TH KARTHIKA 1932 MACA.No. 1960 of 2009() ------------------------------------ OPMV.1142/2006 of PRL. MOTOR ACCIDENT CLAIMS TRIBUNAL, KOZHIKODE .................... APPELLANT/CLAIMANT ----------------------------------- JERRIN JOSE (MINOR) ,AGED 11, REP BY HIS FATHER JOSE, PANACKACHAL HOUSE KOODARANHI POST, KOZHIKODE DISTRICT. BY ADV. SMT.K.V.RESHMI RESPONDENTS/RESPONDENTS: ------------------------------------------------ 1. BENNY O.M., S/O.MATHEW ONPETTUVELIL HOUSE, KOODARANHI POST, KOZHIKODE DISTRICT. 2. THE UNITED INDIA INSURANCE CO.LTD DIVISIONAL OFFICE, WHITE LINES BUILDING KALLAI ROAD, KOZHIKODE. R2 BY ADV. SMT.T.C.SOWMIAVATHY. THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 11/11/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: rs M.N. KRISHNAN, J. ........................................... M.A.C.A.NO.1960 OF 2009 ............................................. Dated this the 11th day of November, 2010. J U D G M E N T This is an appeal preferred against the award of the Claims Tribunal, Kozhikode in OP(MV)No.1142/2006. The claimant, an eight year old minor girl, sustained injuries in a road accident and she has been awarded a total compensation of Rs.9,500/=. Challenging the quantum as well as exoneration of the insurance company from the liability, the appeal is preferred. 2. Heard. A perusal of the award would reveal that Ext.B1 is a package policy. But the next sentence creates a confusion in my mind as it is stated that when additional premium of Rs.50/= is paid for the risk of owner cum driver, the policy is termed as package policy. It is an incorrect method of understanding the same. Comprehensive policy and package policy are different from act only policy. Comprehensive policy is one when premium is paid for own property damage. So I do not want to be carried away by the use of the word package policy in the award. But if it is : 2 : M.A.C.A.NO.1960 OF 2009 a package policy, as per the clarificatory circular issued by the Insurance Regulatory and Development Authority dated 16.11.2009, a pillion rider carried in a two wheeler and persons travelling in a private vehicle are covered under the terms and conditions of the standard motor package policy. The two Division Benches of this Court in the decisions reported in New India Assurance Co. Ltd. v. Hydrose (2008 (3) KLT 778) and in Mathew v. Shaji Mathew (2009 (3) KLT 813) had taken the view that if it is a package policy having the conditions, then additional premium is not necessary. So the matter has to be looked into that perspective. 3. So far as the quantum is concerned, the girl had sustained fracture of both bones of the leg. The learned counsel for the appellant would submit before me that she was treated as an inpatient from 14.11.2005 to 10.12.2005. Unfortunately the real document necessary for assessing the compensation properly has not been produced before the Tribunal. In order to properly analyse and arrive at a decision, it is must. Therefore it has also to be produced. : 3 : M.A.C.A.NO.1960 OF 2009 4. Considering these factors, the matter requires reconsideration and therefore, the award under challenge is set aside and the matter is remitted back to the Tribunal for the purpose of finding liability of the insurance company as well as adequacy of the compensation. For this purpose, all concerned are permitted to produce documentary as well as oral evidence in support of their respective contentions and then the matter be disposed of in accordance with law. Parties are directed to appear before the Tribunal on 22.12.2010. Disposed of accordingly. M.N. KRISHNAN, JUDGE. cl