IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN THURSDAY, THE 13TH NOVEMBER 2008 / 22ND KARTHIKA 1930 MACA.No. 508 of 2008(D) -------------------------------- OPMV.2219/2003 of MOTOR ACCIDENT CLAIMS TRIBUNAL, PERUMBAVOOR .................... APPELLANT/PETITIONER IN O.P.(M.V) 2219/03 : ----------------------------------------------------------- JOBY VARGHESE, AGED 36 YEARS, S/O VARGHESE, THEKKINEN HOUSE, CHUNANGAMVELI, ERUMATHALA P.O., ALUVA. BY ADV. SRI.V.K.GOPALAKRISHNA PILLAI SRI.GOPAKUMAR G. (ALUVA) RESPONDENT/RESPONDENT NO.3 IN O.P.(M.V) 2219/03 : ---------------------------------------------------------------------- NEW INDIA ASSURANCE CO. LTD., KODAVATH SHOPPING COMPLEX, SUB JAIL ROAD, ALUVA-1. ADV. SRI.JOY GEORGE SMT.PRAICY JOSEPH THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 13/11/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: M.N. KRISHNAN, J ----------------------- M.A.C.A.No. 508 OF 2008 --------------------------------- Dated this the 13th day of November, 2008 JUDGMENT This appeal is preferred against the award of the Motor Accident Claims Tribunal, Perumbavoor in O.P.(MV) No. 2219/2003. The claimant, a pillion rider, sustained injuries in a road accident and the Tribunal awarded compensation but exonerated the Insurance Company from the liability for the reason that no additional premium has been collected for covering a pillion rider. The Tribunal also relied on the decision of the Apex Court in United India Insurance Co. Ltd. v. Tilak Singh [2006 (2) KLT 884] to arrive at such a decision. It is against that decision the claimant has come up in appeal. 2. The learned counsel for the claimant had made available before me for perusal a copy of the policy which contains premium for third party Personal Accident coverage to two passengers and compulsory P.A to owner and driver. The heading of the policy describes it as a liability only. I have come across policies of this nature where there are some conditions attached to the coverage of P.A to passengers. In such policies the coverage is there only M.A.C.A. 508/2008 -2- when that person meets with death or total disablement. Since the policy conditions are not before this Court, it may not be possible for this Court to arrive at a decision regarding the coverage. It is for the Insurance Company to produce such conditions and explain to the Court how the conditions of policy will disentitle the claimant in this case to get compensation from the Company. Therefore the matter requires reconsideration at the hands of the Tribunal. Therefore without disturbing the finding of the quantum awarded, I remit back the case to the Tribunal to consider the inter se liability between the owner and the Insurance Company as well as the entitlement of the claimant to get compensation from the Insurance Company. For the said purpose both the parties are permitted to produce documentary as well as oral evidence in support of their respective contentions and the Tribunal shall dispose of the matter in accordance with law. Parties are directed to appear before the Tribunal on 29.12.2008. M.N. KRISHNAN,JUDGE vkm