IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN WEDNESDAY, THE 3RD DECEMBER 2008 / 12TH AGRAHAYANA 1930 MACA.No. 1985 of 2007(Y) ------------------------------------ OPMV.1676/2001 of MOTOR ACCIDENT CLAIMS TRIBUNAL, IRINJALAKUDA .................... APPELLANT/PETITIONER IN OP (MV) ---------------------------------------------------- ANTO, S/O. KOCHUVAREED, MEKKADAN HOUSE, PARIYARAM DESOM AND POST, MUKUNDAPURAM TALUK,THRISSUR DISTRICT. BY ADV. SRI.P.V.BABY SRI.A.N.SANTHOSH RESPONDENTS/RESPONDENTS 2ND AND 3 IN OP (MV) ------------------------------------------------------------------------------ 1. GEORGE,S/O. JOSE PANAKKAL HOUSE, OLARI P.O. 2. MANAGER, ORIENTAL INSURANCE CO. LTD., THRISSUR. ADV. DR.ELIZABETH VARKEY FOR R2 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 03/12/2008,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Rs/ M.N. KRISHNAN, J ----------------------- M.A.C.A.No. 1985 OF 2007 --------------------------------- Dated this the 3rd day of December, 2008 JUDGMENT This appeal is preferred against the award of the Motor Accident Claims Tribunal, Irinjalakuda in O.P.(MV) No.1676/2001. The claimant, while travelling as a pillion rider, sustained injuries in a road accident and the tribunal awarded a compensation of Rs. 36,000/- and exonerated the Insurance Company from the liability on the ground that the policy issued is only an Act only policy which does not cover the risk of a pillion rider. It is against that decision the claimant has come up in appeal challenging the quantum as well as the finding of the exoneration of the liability of the Insurance Company. 2. It is the specific contention of the claimant that the policy issued is a comprehensive policy and it is also submitted that additional premium has been collected. If additional premium is collected it goes without saying that it will cover the risk of a pillion rider. Even otherwise, suppose the usual policy conditions are there attached to a comprehensive policy which covers the risk of a person carried in a motor vehicle other than for hire or reward, M.A.C.A. No. 1985/2007 -2- even those persons are liable to be indemnified by the Insurance Company. Therefore the nature of the policy, conditions of the policy etc. are to be looked into, to decide the matter. Similarly since the matter is going back, there is nothing wrong to find out whether the claimant is entitled to additional compensation as contended by him before this court. 3. Therefore the award under challenge is set aside and the matter is remit back to the tribunal for considering the matter afresh including quantum as well as liability after permitting both sides to produce documentary as well as oral evidence in support of their respective contentions and then dispose of the matter in accordance with law. Parties are directed to appear before the tribunal on 6.1.2009. M.N. KRISHNAN,JUDGE vkm