IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN MONDAY, THE 13TH OCTOBER 2008 / 21ST ASWINA 1930 MACA.No. 643 of 2008(F) ----------------------------------- O.P.(M.V).NO.208/2004 OF MOTOR ACCIDENT CLAIMS TRIBUNAL, OTTAPALAM. .................... APPELLANT/ 2ND RESPONDENT: ------------------------------------------------ UNITED INDIA INSURANCE COMPANY LTD. REP. BY ITS ASST. MANAGER, REGIONAL OFFICE SHARANYA, HOSPITAL ROAD, KOCHI-11. BY ADV. SRI.P.R.RAMACHANDRA MENON. RESPONDENTS/ PETITIONER & 1ST RESPONDENT RESPECTIVELY: ------------------------------------------------------------------------------------------------- 1. AMMINI, AGED ABOUT 45 YEARS, W/O.PURUSHOTHAMAN, KEEZHETH VEEDU, POOMCHOLA, POTTASSERI, MANNARKKAD TALUK. 2. PURUSHOTHAMAN, AGED ABOUT 49 YEARS, S/O.KUNHIRAMAN, K.P.I.P. QUARTERS, D-24, KANHIRAPPUZHA, MANNARKKAD. ADV. SRI.MANSOOR.B.H. FOR R1. THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 13/10/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: M.A.C.A. NO. 643/2008-F: ORDER ON I.A. NO. 794/2008 IN M.A.C.A. NO. 643/2008 DISMISSED 13/10/2008. SD/- M.N.KRISHNAN, JUDGE. ' //TRUE COPY// P.S. TO JUDGE. prv. M.N.KRISHNAN, J ===================== MACA No.643 OF 2008 ===================== Dated this the 13th day of October 2008 JUDGMENT This appeal is preferred against the award of the Motor Accidents Claims Tribunal, Ottapalam in O.P.(MV)No.208 of 2004. The insurance company has come up in appeal. The claimant in the case is a pillion rider and the contention of the insurance company is that no additional premium, is paid for coverage of a pillion rider and therefore the insurance company is to be exonerated. The Tribunal held that since it is a package policy and as there is no evidence to show that there is no wider coverage, the insurance company is bound to indemnify. In United India Insurance Co.Ltd. v. Tilak Singh(2006(2) KLT 884(SC), the Apex Court was considering the question of an Act only policy and held that when there is no additional premium paid, the status of the person will be that of a gratuitous passenger as held in New India Assurance Co.Ltd. v. Asha Rani(2003(1) KLT 165(SC) and therefore held that the insurance company will not be liable. We have come across so many conditions of policies wherein there are some policies with specific conditions covering a person carried in a motor bike. Unfortunately MACA 643/2008 -:2:- the terms and conditions of the policy are not made available before the Tribunal or before this Court. Therefore the matter requires reconsideration. So the award under challenge is set aside so far as it relates to the liability of the insurance company is concerned and the parties are permitted to adduce both documentary as well as oral evidence in support of their respective contentions and then the Tribunal shall decide the matter in accordance with law. The insurance company as a safety measure should take out notice to the claimant and the owner after it enters appearance before the Tribunal. Parties are directed to appear before the Tribunal on 25.11.2008. MACA is disposed of as above. M.N.KRISHNAN, JUDGE Cdp/-