IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN THURSDAY, THE 8TH OCTOBER 2009 / 16TH ASWINA 1931 MACA.No. 1213 of 2009() ----------------------------------- OPMV.738/2006 of MOTOR ACCIDENT CLAIMS TRIBUNAL, OTTAPALAM .................... APPELLANT/2ND RESPONDENT: ---------------------------------------------- THE NEW INDIA ASSURANCE CO.LTD., REGIONAL TOWERS, KANDAMKULATHY TOWERS, M.G. ROAD, ERNAKULAM, REPRESENTED BY ITS MANAGER. BY ADV. MR.VPK.PANICKER RESPONDENTS/1ST RESPONDENT & PETITIONER: ------------------------------------------------------------------------ 1. SUNILKUMAR, S/O.RAGHAVAN, KARUVATH HOUSE, MANGADU VADAKKEMUKKU, KOTTAPPURAM, THRISSUR DISTRICT. 2. K.S. PRABHAKARAN. S/O.K.R. SANKARAN, KARUVATH HOUSE, P.O. KOTTAPPURAM, ERUMAPETTY VIA, THRISSUR DISTRICT. R2 BY ADV. MR.SHEJI P.ABRAHAM, SMT.GISA SUSAN THOMAS. THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 08/10/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: MACA.No. 1213 of 2009 ORDER ON I.A. NO.1522/2009 IN MACA NO.1213/2009 DISMISSED 08/10/2009. SD/- M.N.KRISHNAN, JUDGE //TRUE COPY// P.A. TO JUDGE rs. M.N. KRISHNAN, J. = = = = = = = = = = = = = = M.A.C.A. NO. 1213 OF 2009 = = = = = = = = = = = = = = = Dated this the 8th day of October, 2009. J U D G M E N T This appeal is preferred by the insurance company against the award passed by the Motor Accidents Claims Tribunal, Ottapalam in O.P.(MV)738/06. The claimant sustained injuries in a road accident while he was riding as a pillion rider. The question that is posed for consideration is whether Ext.P1 also covers the risk of a pillion rider. Learned Tribunal held that since an additional premium of Rs.70 is collected for the personal accident coverage of two number of persons it covers the pillion rider and therefore the insurance company cannot be exonerated from the liability. Personal accident coverage policy is issued and it is based on the happenings of certain contingencies. P.A. coverage is generally extended and is covered by schedules which would show that either death would have occurred or there would have been loss of two limbs or of loss of one limb or loss of sight of one eye or a permanent total M.A.C.A. 1213 OF 2009 -:2:- disablement. Suppose a person travels as a pillion rider sustains any of these things then the P.A. coverage extended by the policy for two persons will be applicable to them. In this case there is no such injury sustained by the claimant and therefore he cannot be covered under the P.A. coverage as ordered by the Tribunal. Therefore the said finding requires to be vacated. 2. But at the same time another question may loom large for consideration as it is a package policy. This Court has come across package policies and comprehensive policies wherein S.II(i) condition is there which states that the risk of a person who travels in a motor vehicle of the insured other than for hire or reward is covered by the conditions of the policy. This question also was considered when there is an additional rider 'except so far as it is necessary to satisfy the requirements of the Motor Vehicles Act'. Both these instances were considered by two Division Benches in the decision reported in New India Assurance Co. Ltd. v. Hydrose (2008 (3) KLT 778) and Mathew v. Shaji Mathew (2009 (3) KLT 813). If those conditions are there these decisions pin point regarding the liability of the M.A.C.A. 1213 OF 2009 -:3:- insurance company but I am informed by the learned counsel for the insurance company that the matter is pending consideration before a larger Bench of the Supreme Court. Whatever it may be, now the question to be considered is whether there are such conditions or not and what will be the impact of such condition on the date of deciding the case with the available decisions on the point. Therefore the finding regarding the interse liability is set aside and he matter is remitted back to the Tribunal for fresh consideration whether the insurance company is liable. For the said purpose the insurance company as well as other parties are permitted to raise all contentions which they want to raise and produce all documents and evidence which they choose and the matter be decided in accordance with law. Parties are directed to appear before the Tribunal on 20.11.2009. M.N. KRISHNAN, JUDGE. ul/-