IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN THURSDAY, THE 21ST AUGUST 2008 / 30TH SRAVANA 1930 MACA.No. 2093 of 2007() ----------------------- OPMV.18/2004 of MOTOR ACCIDENT CLAIMS TRIBUNAL, THODUPUZHA .................... APPELLANT/3RD RESPONDENT: -------------------------------------------------- NATIONAL INSURANCE COMPANY LTD., REP. BY ITS MANAGER, REGIONAL OFFICE, 3RD PARTY WING, OMANA BUILDING, PADMA JUNCTION, KOCHI-35. BY ADV. SRI.P.R.RAMACHANDRA MENON RESPONDENTS: PETITIONER & RESPONDENTS 1 & 2 RESPECTIVELY: --------------------------------------------------------------------------------------------------------- 1. T.A.JAMAL, S/O.ALIYAR, AGED ABOUT 47 YEARS, THOTTYPARAMBIL HOUSE, UNDAPLAVU KARA, KARIKODE VILLAGE, THODUPUZHA TALUK. 2. SASI, S/O.NARAYANAN, PAZHUPLACKAL HOUSE, KARIKODE KARA, KARIKODE VILLAGE, THODUPUZHA TALUK. 3. JACOB, S/O.CHACKOCHAN, VATTAKKALAM HOUSE, KOLANI P.O., THODUPUZHA. ADV. SRI.RENJITH B.MARAR FOR R1 SRI.L.RAJESH NARAYAN FOR R1 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING COME UP FOR ADMISSION ON 21/08/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss M.N. KRISHNAN, J. = = = = = = = = = = = = = = M.A.C.A. NO. 2093 OF 2007 = = = = = = = = = = = = = = = Dated this the 21st day of August, 2008. J U D G M E N T Notice had been served on the delay condonation application and the owner has not entered appearance before this Court. Therefore I proceed to dispose of the matter. 2. This appeal is preferred against the award of the Motor Accidents Claims Tribunal, Thodupuzha in O.P.(MV) 18/04. The dispute between the owner and the insurance company is with respect to the coverage of a pillion rider who was travelling in a vehicle which met with the accident. According to the insurance company Ext.B1 policy does not cover a pillion rider. According to them though it is a comprehensive policy, premium is calculated not for a pillion rider and therefore by the terms of the contract it is not liable to indemnify the owner. 3. In order to find out whether a comprehensive policy covers the risk of a pillion rider the details regarding the payment of premium as well as the conditions on the M.A.C.A. 2093 OF 2007 -:2:- basis of which the policy is issued are to be taken into consideration. In some of the policy conditions it is seen that there is coverage for any person carried in the motor vehicle. So it is all a matter which has to be established by production of documents and adducing of evidence. It is not proper for the Tribunal to cast the liability on the insurance company merely by usage of the word package policy or comprehensive policy. In all such cases what is the nature of the policy and what are the conditions attached to the policy are matters which have to be considered by the Court. Unfortunately, in this case the Tribunal on the mere finding of the word comprehensive policy jumps to the conclusion that there is condition to cover a pillion rider also. It need not be always correct. Therefore the matter requires consideration. Therefore the award under challenge is set aside and the matter is remitted back to the Tribunal for consideration afresh whether Ext.B1 policy and its condition covers the risk of a pillion rider and thereafter it can dispose of the matter in accordance with law. I make it further clear M.A.C.A. 2093 OF 2007 -:3:- that if it is a policy which does not cover a pillion rider, the pillion rider will be a third party and therefore applying the dictum laid down in Swaran Singh's case (National Insurance Co. Ltd. v. Swaran Singh (2004 (1) KLT 781) it may not be correct to direct the insurance company to pay the amount and get it reimbursed from the owner. There must be total exoneration of the liability in such cases. Parties are directed to appear before the Tribunal on 6.10.08. 4. Since the claimant has appeared before this Court and R2 and R3 had not entered appearance the insurance company shall take out notice to them after its appearance before the Tribunal on 6.10.08 and the Tribunal, thereafter, shall dispose of the matter in accordance with law. The MACA is disposed of accordingly. M.N. KRISHNAN, JUDGE. ul/-