IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN MONDAY, THE 11TH JANUARY 2010 / 21TH POUSHA 1931 MACA.No. 49 of 2009() --------------------- OPMV.2074/1999 of MOTOR ACCIDENT CLAIMS TRIBUNAL, KOLLAM .................... APPELLANT(S): PETITIONER: --------------------------------------------- NAZAR, S/O. ABDUL MAJEED, FATHIMA MANZIL, DECENT JUNCTION, KOLLAM. BY ADV. MR.PRATHEESH.P. RESPONDENT(S): RESPONDENTS: ---------------------------------------------------- * 1. M. SALIM, SHEMEEN MANZIL, AYYARUMUKKU, THATTARKONAM, KOLLAM.( D E L E T E D) * THE NAME OF R1 IS DELETED FROM PARTY ARRAY AS PER ORDER DTD. 11/01/2010 IN I.A.3820/09. 2. SAMEER.M, SHABIN MANZIL, AYYARUMUKKU, THATTRAKKONAM, KOLLAM. 3. THE MANAGER, UNITED INDIA INSURANCE COMPANY LIMITED, DIVISIONAL OFFICE, SPK BUILDING, BEACH ROAD, KOLLAM. R3 BY ADV. MR.THOMAS MATHEW NELLIMOOTTIL THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING COME UP FOR ADMISSION ON 11/01/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss M.N. KRISHNAN, J. ........................................... M.A.C.A.No.49 OF 2009 ............................................. Dated this the 11th day of January, 2010 J U D G M E N T This is an appeal preferred against the award of the Claims Tribunal, Kollam in OP(MV)No.2074/1999. The claimant, a pillion rider in a two wheeler, sustained injuries in a road accident and he has been awarded a compensation of Rs.17,500/= and the insurance company has been exonerated from the liability. 2. The contention raised before me is that the policy is a comprehensive policy/package policy. Unfortunately no copy of the policy is produced before the court. If it is a package policy, by virtue of the clarificatory circular issued by the Insurance Regulatory and Development Authority, passengers carried in a private car and a pillion rider on a two wheeler are covered under the terms and conditions of the package policy. Similarly a particular clause in comprehensive policy that coverage in respect of death or bodily injury to any person carried in a motor vehicle other than for hire or reward also had come up for consideration : 2 : M.A.C.A.No.49 OF 2009 before the two Division Benches of this Court in New India Assurance Co. Ltd. v. Hydrose (2008 (3) KLT 778) and Mathew v. Shaji Mathew (2009 (3) KLT 813). In both these cases, the Division Benches had taken the view that by virtue of the conditions of the policy the insurance company is bound to indemnify. Therefore the whole matter requires consideration on the nature and conditions of the policy. Unfortunately, the policy is not produced before the court or the Tribunal. Therefore, an opportunity has to be given to the parties to produce copy of the policy and let the matter be decided in accordance with the principles mentioned above. 3. Therefore, the award so far as it relates to the inter se liability between the insurance company and the owner 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 the validity of the policy. The parties are directed to appear before the Tribunal on 19.02.2010. Disposed of accordingly. M.N. KRISHNAN, JUDGE cl : 3 : M.A.C.A.No.49 OF 2009 : 4 : M.A.C.A.No.49 OF 2009