IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN THURSDAY, THE 29TH JANUARY 2009 / 9TH MAGHA 1930 MACA.No. 2354 of 2008(F) ----------------------- OPMV.2928/2000 of MOTOR ACCIDENT CLAIMS TRIBUNAL, ERNAKULAM .................... APPELLANT(S): PETITIONER: ------------------------- SUNIL, AGED 34 YEARS, S/O.PADMANABHAN, CHEERAKKUZHI HOUSE, PONNURUNNI, VYTTILE P.O., COCHIN 682 019. BY ADV. SRI.ANIL S.RAJ SMT.K.N.RAJANI SRI.RADHIKA RAJASEKHARAN P. SMT.MANJUSHA MOHANDAS SMT.ANILA PETER RESPONDENT(S): RESPONDENTS: --------------------------- 1. MRS.C.D.LALITHA, W/O.LATE DAMODARAN NAIR REVATHY, PUTTUMANOOR, PUTHENCRUZ P.O. 2. JAYADEEP.A, S/O.MURALEEDHARAN, DEEPA NIVAS, NEAR SNDP SCHOOL, IRUMBANAM P.O., THIRUVAMKULAM VILLAGE. 3. THE UNITED INDIA INSURANCE COMPANY LIMITED, D.O.NO.3, JOS TRUST BUILDING, CHITTOOR ROAD, COCHIN 682 035. ADV. SRI.G.RAJAGOPAL FOR R1 SRI.THOMAS M.JACOB FOR R1 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 29/01/2009 , THE COURT ON THE SAME DAY PASSED THE FOLLOWING: M.N. KRISHNAN, J. = = = = = = = = = = = = = = M.A.C.A. NO. 2354 OF 2008 = = = = = = = = = = = = = = = Dated this the 29th day of January, 2009 J U D G M E N T This appeal is preferred against the award of the Motor Accidents Claims Tribunal, Ernakulam in O.P.(MV)2928/00. The claimant, a pillion rider in a two wheeler sustained injuries in a road accident and he has been awarded a total compensation of Rs.8,000/-. The insurance company is directed to pay the amount. In paragraph 17 of the award it is stated that Ext.B1 would show that it is neither an extended policy nor any additional premium is collected to cover the risk of a pillion rider. Admittedly the policy is a comprehensive policy. It is true that if it is an Act only policy the dictum laid down in Tilak Singh's case [United India Insurance Co. Ltd. v. Tilak Singh)2006 (2) KLT 884 (SC) would come to play and the status of the pillion rider would be that of a gratuitous passenger not covered by the policy. But just because it is a comprehensive policy that by itself does not cover the risk of a pillion rider. But it depends M.A.C.A. 2354 OF 2008 -:2:- upon the terms and conditions of the contract and some of the policies which are issued prior to 2002 it is seen that there is a condition that the insurance company under S.2 (II)(i) has undertaken to cover the risk of a pillion rider carried in a motor vehicle other than for hire or reward. The said clause came up for consideration before the Division Bench of this Court in the decision reported in New India Assurance Co. Ltd. v. Hydrose and others [2008 (3) KHC 522(DB). In that case the Division Bench held that if there is terms of contract which cover the risk of a person then no additional premium need be collected for the coverage of risk. But it is matter that can be considered only after production of the terms and conditions of the policy. Therefore the matter requires reconsideration at the hands of the Tribunal. Therefore the award under challenge is set aside so far as it relates to the liability is concerned and the parties are permitted to produce both documentary as well as oral evidence in support of their respective contentions and the Tribunal is directed to dispose of the matter in M.A.C.A. 2354 OF 2008 -:3:- accordance with law. Parties are directed to appear before the Tribunal on 2.3.2009. The MACA is disposed of accordingly. M.N. KRISHNAN, JUDGE. ul/-