IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN WEDNESDAY, THE 9TH SEPTEMBER 2009 / 18TH BHADRA 1931 MACA.No. 2143 of 2008() ------------------------------------ OPMV.1646/2003 of MOTOR ACCIDENT CLAIMS TRIBUNAL, KOZHIKODE .................... APPELLANT(S): PETITIONER IN OP(MV) ----------------------- RAVI, S/O KUNHIRAMAN NAIR, AGE 42 YEARS, CHIRAYANGATTU MEETHAL HOUSE, P.O. KAVIL, NADUVANNUR VIA, KOZHIKODE. BY ADVS.MR.K.M.JAMALUDHEEN SMT.LATHA PRABHAKARAN RESPONDENT(S): RESPONDENTS IN OP(MV) ------------------------- 1. CHANDRAN K.M., KANNACHIKKANDI MEETHAL HOUSE, P.O. NADUVANNUR, KOZHIKODE, 2. K.K. PUSHPAN, S/O KUNHIRAMAN NAIR, AGE 37 YEARS, KUNNATHKANDI HOUSE, P.O. NALLALAM, KOZHIKODE. 3. THE NEW INDIA ASSURANCE CO. LTD., EAST NADAKKAVU, KOZHIKODE. R3 BY ADVS.MR.KKM.SHERIF, MR.A.A.ZIYAD RAHMAN THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 09/09/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: M.N. KRISHNAN, J. = = = = = = = = = = = = = = M.A.C.A. NO. 2143 OF 2008 = = = = = = = = = = = = = = = Dated this the 9th day of September, 2009. J U D G M E N T This appeal is preferred against the award of the Motor Accidents Claims Tribunal, Kozhikode in O.P.(MV)1646/03. Notice to R2 in this appeal is dispensed with as he has not chosen to appear before the Court below and it can be rectified as the matter requires a remand. It is the case of the claimant that he had sustained a fracture on the patella and he was in the hospital. Similarly it is also contended that the policy involved in the matter is a package policy and therefore the insurance company is bound to indemnify. Just because it is a comprehensive policy or a package policy it does not ipso facto lead to the conclusion that it covers the risk of a pillion rider. But as has been stated by this Court in the decision reported in New India Assurance Co. Ltd. v. Hydrose 2008 (3) KLT 778, if there are conditions attached to the policy which covers the risk of a pillion rider then necessarily by virtue of the terms of the policy M.A.C.A. 2143 OF 2008 -:2:- conditions the insurance company is bound to indemnify. Let that conditions be produced to decide the issue before the Tribunal. Similarly, the fracture sustained is on the patella and I have no doubt that the compensation awarded is grossly inadequate. But what is the exact compensation which the claimant is entitled to will depend upon the documents available and produced before Court. Therefore let that also be reconsidered. In the result the award passed by the Tribunal is set aside and the matter is remitted back to the Tribunal for considering the entire matter afresh and pass an appropriate award in accordance with law. Since there is a dispute regarding the liability of the insurance company it is desirable that the claimant takes notice to the owner again so that he can also be heard and the matter be disposed of in accordance with law. Parties are directed to appear before the Tribunal on 3.11.2009. M.N. KRISHNAN, JUDGE. ul/-