IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN MONDAY, THE 5TH OCTOBER 2009 / 13TH ASWINA 1931 MACA.No. 1810 of 2008() -------------------------------------- OPMV.392/2005 of MOTOR ACCIDENT CLAIMS TRIBUNAL, PALA .................... APPELLANT(S): SECOND RESPONDENT IN THE OP(MV) --------------------- UNITED INDIA INSURANCE CO.LTD. PONKUNNAM, BRANCH REP. BY THE MANAGER UNITED INDIA INSURANCE CO.LTD., REGIONAL OFFICE, HOSPITAL ROAD, ERNAKULAM. BY ADV. MR.M.A.GEORGE RESPONDENT(S): PETITIONER AND IST RESPONDENT IN THE OP(MV) ------------------------ 1. T.J.ALEXANDER, THEKKEKKAPPIL, PONKUNNAM, 2. K.K.SHAJI, S/O.KESAVAN ACHARY, KOTTARATHIL, PONKUNNAM. R1 BY ADV. SMT.E.V.MOLY THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 05/10/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: tss M.N. KRISHNAN, J. = = = = = = = = = = = = = = M.A.C.A. NO. 1810 OF 2008 = = = = = = = = = = = = = = = Dated this the 5th day of October, 2009. J U D G M E N T This appeal is preferred by the insurance company against the award of the Tribunal, Pala in O.P.(MV)392/05. The insurance company disputes regarding the liability on the ground that the policy does not cover the risk of a person who was travelling as a pillion rider in a vehicle. Unfortunately the insurance company did not produce the conditions of the policy before Court. It is the conditions of the policy that may have to decide the issue whether the insurance company is liable to pay in the light of the two decisions, New India Assurance Co. Ltd. v. Hydrose (2008 (3) KLT 778) and Mathew v. Shaji Mathew (2009 (3) KLT 813). The learned Tribunal drew an adverse inference to arrive at a decision that such conditions are their in the policy. I feel it is not a proper approach to do some thing even without seeing that document. Therefore I am inclined to grant an opportunity to produce the terms and M.A.C.A. 1810 OF 2008 -:2:- conditions of the policy and adduce evidence. Therefore the award under challenge is set aside so far as it relates to the interse liability between the insurer and the insured and the insurance company is permitted to produce conditions as well as adduce evidence in support of those contentions. Since the owner has not appeared before the Court below nor before this Court, I direct the insurance company to take out notice to the owner so that he can also be heard and the matter be disposed of in the light of the settled position as on that date. Parties are directed to appear before the Court below on 20.11.2009. M.N. KRISHNAN, JUDGE. ul/-