IN THE HIGH COURT OF KERALA AT ERNAKULAM
MACA.No. 399 of 2008()
1. M/S.UNITED INDIA INSURANCE CO.LTD.,
... Petitioner
Vs
1. KUNJUMON, S/O.KUNJUKUTTY,
... Respondent
2. SIBY LUKOSE, KAITHATHOTTIYIL HOUSE,
For Petitioner :SRI.S.MAMMU
For Respondent :SRI.P.F.THOMAS (SR.)
The Hon'ble MR. Justice M.N.KRISHNAN
Dated :26/05/2008
O R D E R
M.N. KRISHNAN, J.
= = = = = = = = = = = = = =
M.A.C.A. NO. 399 OF 2008
= = = = = = = = = = = = = = =
Dated this the 26th day of May, 2008.
J U D G M E N T
This appeal is preferred by the United India Insurance
Company against the award of the Motor Accidents Claims
Tribunal, Kottayam in O.P.(MV)1472/04. The claimant was a
pillion rider and the Tribunal has stated, “To substantiate
that contention R2 has produced Ext.B1 certified true copy of
the policy certificate which shows that it is not a ‘liability
only’ policy, but is a ‘Motor Cycle/Scooter package’ policy
which presumptively covers the risk of occupant also.” R2
has not produced a copy of the terms and conditions
appended to the policy. By virtue of the decision of the Apex
Court in [United India Insurance Co. Ltd. v. Tilak Singh
(2006 (4) SCC 404)] a pillion rider will not be covered
unless there is special premium paid for the purpose. It is
desirable that such matters are not decided on assumptions
and presumptions and therefore it is desirable that an
opportunity is given to the insurance company to produce a
M.A.C.A. 399 OF 2008
-:2:-
copy of the policy with the terms and conditions and also
permit the claimant and the owner to make available
materials with them to find out whether such a policy really
covers the risk of the pillion rider and so for the said purpose
the matters requires consideration by the Tribunal.
Therefore the award under challenge is set aside so far as it
relates to the liability of the insurance company is concerned
and an opportunity is given to the insurance company as well
as the other parties to substantiate their respective
contentions in accordance with law and for the said purpose
the Tribunal can permit them to produce documents and
adduce evidence in support of their respective contentions.
Parties are directed to appear before the Court below on
2.7.2008.
M.N. KRISHNAN, JUDGE.
ul/-