IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN WEDNESDAY, THE 23RD DECEMBER 2009 / 2ND POUSHA 1931 MACA.No. 450 of 2009() ---------------------- OPMV.648/2005 of MOTOR ACCIDENT CLAIMS TRIBUNAL, KOTTAYAM .................... APPELLANT(S): 2ND RESPONDENT ---------------------------- THE ORIENTAL INSURANCE COMPANY LIMITED, KOTTAYAM NOW REPRESENTED BY ITS ASSISTANT MANAGER, REGIONAL OFFICE, METRO PALACE, KOCHI-18. BY ADV. SRI.MATHEWS JACOB, SENIOR ADVOCATE SRI.P.JACOB MATHEW RESPONDENT(S): PETITIONER AND RESPONDENTS 1 & 3 ----------------------------------------------- 1. GEORGEKUTTY, PADINJAREKUTTY HOUSE, VARISSERI BHAGOM, MALLOOSSERI P.O., KOTTAYAM. 2. BIJOY P.O., PADINJAREKUTTY HOUSE, THELLAKOM P.O., KOTTAYAM. 3. BIJO P.D., PADINJAREKUTTY HOUSE, THELLAKOM P.O., ADICHIRA, KOTTAYAM. THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 23/12/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ORDER ON I.A.NO. 532/2009 IN MACA.NO.450/2009 DISMISSED 23.12.2009. SD/= M.N.KRISHNAN, JUDGE. TRUE COPY P.A. TO JUDGE M.N. KRISHNAN, J. ........................................... M.A.C.A.No.450 OF 2009 ............................................. Dated this the 23rd day of December, 2009 J U D G M E N T This is an appeal preferred against the award of the Claims Tribunal, Kottayam in OP(MV)No.648/2005 The short point that arises for determination in the appeal is regarding the liability of the insurance company. The person who sustained injuries was a pillion rider in a two wheeler. The policy is an Act only policy. But it is seen that premium of Rs.50/= is collected for personal accident coverage and extra P.A Rs.70/=. The Tribunal took the view that since extra premium is collected for personal accident coverage, the insurance company is bound to pay the amount. Unfortunately, the conditions governing coverage on payment of premium for P.A. are not produced before the court. Normally personal accident coverages are governed by endorsements like IT 64, IT 70 etc. The normal conditions in those endorsements are that there must be either death or permanent disability, in some cases amounting to total disablement and in some cases relating to privation of eye or bone etc. So on the basis of the : 2 : M.A.C.A.No.450 OF 2009 conditions, the personal accident coverage is to be looked into. Extra premium most probably is collected for unlimited coverage covering persons under personal accident coverage. Nothing is produced before the Tribunal but it appears to be an almost settled position and therefore, I do not want to deprive the insurance company from contending for the position regarding its non-liability. Therefore the award under challenge is set aside so far as it relates to the inter se liability between the insurance company and the owner is concerned and the matter is remitted back to the Tribunal for a fresh consideration and direction is given to the insurance company to produce the policy conditions and explain what is personal accident coverage relating to the policy. For that purpose, additional documents can be produced and evidence can be adduced after entering appearance. It is directed to take out summons to the owner and the claimant for a proper disposal of the case. The insurance company is directed to appear before the court below on 27.1.2010. Disposed of accordingly. M.N. KRISHNAN, JUDGE cl : 3 : M.A.C.A.No.450 OF 2009 : 4 : M.A.C.A.No.450 OF 2009