IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE J.B.KOSHY & THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH WEDNESDAY, THE 10TH DECEMBER 2008 / 19TH AGRAHAYANA 1930 MACA.No. 2853 of 2008() ------------------------------------ OPMV.1669/1999 of IST ADDL.MOTOR ACCIDENTS CLAIMS TRIBUNAL,KOZHIKODE .................... APPELLANT(S): RESPONDENT NO.2 ------------------------- THE NEW INDIA ASSURANCE CO. LTD., CHEROOTY ROAD, CALICUT-32, REPRESENTED BY THE DEPUTY MANAGER. BY ADV. SRI.KKM.SHERIF SRI.A.A.ZIYAD RAHMAN RESPONDENT(S): PETITIONER AND RESPONDENT NO.1 ---------------------------- 1. T. ABOOBACKER, S/O. HUSSAIN, THOTTUNGAL HOUSE, P.O. VENGERI, CALICUT-10. 2. P. MOHAMMED KUNHU, S/O. UNNI AHAMMED HAJI, KANGOLATH HOUSE, P.O. MORAYOOR, MALAPPURAM DISTRICT. THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING COME UP FOR ADMISSION ON 10/12/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: J.B.KOSHY & THOMAS P. JOSEPH, JJ. -------------------------------------- M.A.C.A.No.2853 of 2008 ------------------------------------- Dated 10th December, 2008 JUDGMENT Koshy,J . Insurance Company filed this appeal contending that since no additional premium was paid, the claimant who was a gratuitous passenger in the jeep is not entitled to be covered under the policy and order of the Tribunal directing the appellant insurance company to deposit the same is not correct. Policy was admitted in the written statement filed by the insurance company, but, in the additional written statement it was stated that no additional premium was paid to cover the passengers in the jeep. Ext.B1 policy only shows that it is a comprehensive policy and shows the amount of premium paid, but, conditions of policy were not produced. Coverage will depend upon the terms of the policy. It is the burden of the insurance company to plead and prove exclusion of liability if coverage of insurance is admitted. Here, no oral evidence was adduced, policy conditions were not produced before the Tribunal. In these circumstances, the Tribunal fixed liability on the insurance company which insured the offending vehicle. We see no ground to interfere with the award. The appeal is dismissed. J.B.KOSHY JUDGE THOMAS P. JOSEPH JUDGE tks