IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN FRIDAY, THE 16TH JANUARY 2009 / 26TH POUSHA 1930 MACA.No. 2406 of 2008() ----------------------- OPMV.1251/2003 of ADDL.MOTOR ACCIDENT CLAIMS TRIBUNAL, KOLLAM .................... APPELLANT(S): 2ND RESPONDENT: ----------------------------- THE ORIENTAL INSURANCE CO. LTD., METRO PALACE, OPP. NORTH RAILWAY STATION, ERNAKULAM, REPRESENTED BY ITS ADMINISTRATIVE OFFICER. BY ADV. SRI.VPK.PANICKER RESPONDENT(S): 1ST RESPONDENT AND PETITIONER: --------------------------------------------- 1. SUNIL KUMAR, PLAVILA VEEDU, EDAVATTOM, MURI, VELLIMON, KUNDARA. 2. A.APPUKUTTAN PILLAI, SREYAS, ANCHALUMOODU, PERINAD VILLAGE, KOLLAM. ADVS. SRI.S.P.ARAVINDAKSHAN PILLAY FOR R2 SMT.N.SANTHA FOR R2 SRI.S.A.ANAND FOR R2 SRI.R.VARUN FOR R2 SRI.PIRAPPANCODE V.S.SUDHIR FOR R1 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 16/01/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: M.A.C.A.No. 2406/2008 ORDER ON I.A.NO. 2881/08 IN M.A.C.A. 2406/2008 DISMISSED. SD/- M.N.KRISHNAN, JUDGE 16.1.2009 //TRUE COPY// P.A. TO JUDGE. M.N. KRISHNAN, J ----------------------- M.A.C.A.No. 2406 OF 2008 --------------------------------- Dated this the 16th day of January, 2009 JUDGMENT This appeal is preferred against the award of the Motor Accident Claims Tribunal, Kollam in O.P.(MV) No.1251/2003. The claimant sustained injuries in a road accident while he was travelling as a pillion rider on a motorcycle. The tribunal fixed the compensation at Rs. 52,340/- and repelled the contention of the Insurance Company for exoneration of the liability. It is against that finding the appeal has been preferred. 2. Heard the counsel for all. Admittedly the claimant was a pillion rider. The policy issued in this case is Ext. B1. The contention of the Insurance Company is that the policy is only an Act only policy where no additional premium is collected and therefore in the light of the dictum laid down in United India Insurance Co. Ltd. v. Tilak Singh [2006 (2) KLT 884], it is entitled to be exonerated from the liability. The tribunal did not find in favour of the Insurance Company on the ground that Ext. B1 policy shows that additional premium was collected by the Insurance Company. What is collected is mentioned as extra loading. The tribunal held that additional loading shall be only for M.A.C.A.No. 2406/2008 -2- additional loading of the vehicle other than the rider of the vehicle and so a pillion rider will be covered. The learned counsel for the Insurance Company would contend that the extra loading does not relate to the pillion rider at all and it deals with claim ratio for property damage as well as other aspects and it never takes in a pillion rider. According to him the said matter can be explained to the tribunal by producing the relevant materials so that tribunal can appreciate the same and take a decision on the matter. 3. Therefore the award under challenge so far as it relates to the inter se liability alone is set aside and the matter is remitted back to the tribunal with a permission to all concerned to produce documentary as well as oral evidence in support of their respective contentions and then dispose of the matter in accordance with law. I direct the Insurance Company to explain each and every aspect relating to the policy so that the matter can be properly appreciated by the tribunal before taking a final decision. The tribunal shall dispose of the matter as expeditiously as possible. Parties are directed to appeal before the tribunal on 26.2.2009. M.N. KRISHNAN,JUDGE vkm