IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN TUESDAY, THE 1ST DECEMBER 2009 / 10TH AGRAHAYANA 1931 MACA.No. 575 of 2009() ---------------------- OPMV.1611/2002 of MOTOR ACCIDENT CLAIMS TRIBUNAL, IRINJALAKUDA .................... APPELLANT(S): PETITIONER/APPELLANT ---------------------------------- RASHEED, AGED 26 YEARS, S/O.ABDULKADHAR, KALLUNGAL HOUSE, P.O.PULLUT, CHAPPARA, KODUNGALLUR. BY ADV. SMT.JEENA JOSEPH SRI.G.D.PANICKER RESPONDENT(S): --------------- 1. K.P.ANTONY, S/O.KOONAMMAVU POULOSE, KOMBARA, IRINJALAKUDA P.O., THRISSUR DISTRICT. 2. GOPAKUMAR, S/O.CHERIYAPARAMBIL MOHANAN, CHATTIPARAMBU, IRINJALAKUDA P.O. 3. NEW INDIA ASSURANCE CO. LTD., BRANCH OFFICE, PERINCHERY BUILDING, ROUND NORTH, THRISSUR. THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING COME UP FOR ADMISSION ON 01/12/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: M.N. KRISHNAN, J. ........................................... M.A.C.A.No.575 OF 2009 ............................................. Dated this the 1st day of December, 2009 J U D G M E N T This is an appeal preferred against the award of the Claims Tribunal, Irinjalakuda in OP(MV)No.1611/2002. The claimant, a pillion rider, sustained injuries in a road accident and he has been awarded a compensation of Rs.25,600/= and exonerated the insurance company from the liability. Dissatisfied with the same, the claimant has come up in appeal challenging both the findings. 2. As the matter requires reconsideration regarding liability of the insurance company, it has to go back to the Tribunal. A perusal of the award, especially para-8, would reveal that Ext.B1 policy is a comprehensive/package policy. Two Division Benches of this Court in the decisions reported in New India Assurance Co. Ltd. v. Hydrose (2008 (3)KLT 778) and Mathew v. Shaji Mathew (2009 (3) KLT 813) had taken a view that if the conditions in the policy cover the risk, then additional premium is not necessary. The Division Benches had considered the clauses with respect to the liability in case of death or bodily injuries to a person carried : 2 : M.A.C.A.No.575 OF 2009 in a motor vehicle other than for hire or reward and held that the conditions of the contract of insurance will make the insurance company to indemnify the insured. But, unfortunately, the policy conditions are not made available before the Tribunal or before this Court. 3. Since the matter has to go back, I direct the Tribunal to reconsider the request for enhancement of the compensation also. Therefore, the award under challenge is set aside and the matter is remitted back to the Tribunal with a direction to permit all concerned to produce documentary as well as oral evidence in support of their respective contentions and then decide liability of the insurance company as well as entitlement for enhanced compensation. Since the respondents have not appeared before the court, I direct the claimant to take fresh notice to all the respondents after he appears before the court below. The appellant is directed to appear before the Tribunal on 7.01.2010. Disposed of accordingly. M.N. KRISHNAN, JUDGE cl : 3 : M.A.C.A.No.575 OF 2009 : 4 : M.A.C.A.No.575 OF 2009