IN THE HIGH COURT OF KERALA AT ERNAKULAM
MACA.No. 262 of 2008()
1. RENJITH,S/O. JOSEPH, ANTHIKKAD VEEDU
... Petitioner
Vs
1. BINU,S/O. DANIAL, PONMELIL HOUSE
... Respondent
2. P.T.DANIEL,PONMELIL HOUSE
3. THE NEW INDIA ASSURANCE COMPANY
For Petitioner :SRI.MATHEWS K.PHILIP
For Respondent :SRI.P.JAYASANKAR
The Hon'ble MR. Justice M.N.KRISHNAN
Dated :03/12/2008
O R D E R
M.N. KRISHNAN, J
-----------------------
M.A.C.A.No. 262 OF 2008
---------------------------------
Dated this the 3rd day of December, 2008
JUDGMENT
This appeal is preferred against the award of the Motor
Accident Claims Tribunal, Ernakulam in O.P.(MV) No.3714/1999.
The claimant, a pillion rider, sustained injuries in a road accident
and the tribunal has awarded a compensation of Rs. 20,000/-. The
tribunal exonerated the Insurance Company from the liability on the
ground that it is not an extended policy or any additional premium
is paid to cover the risk of a pillion rider. The learned counsel for
the appellant made available before me for perusal a copy of the
policy which appears to be a comprehensive policy. It is argued
that the comprehensive policy is followed by conditions especially
Section II(1)(i) which has taken the coverage of a person who is
carried in a motor vehicle other than for hire or reward. If such a
condition is available and it is the very same clause has been
considered before the Division Bench of this Court in the decision
reported in New India Assurance Company Ltd. v. Hydrose
and others [2008 (3) KHC 522], it has become necessary to
find out whether there is such a clause attached to the policy and if
M.A.C.A.No. 262/2008
-2-
such a condition is there, it is covered by the decision of this Court
as referred to above. So matter requires reconsideration and
therefore the award under challenge is set aside with respect to the
liability and the parties are permitted to produce documentary as
well as oral evidence in support of their respective contentions to
substantiate the same. The Insurance Company is directed to
produce the conditions of the policy for perusal, so that the matter
can be decided in accordance with law.
Parties are directed to appear before the tribunal on 6.1.2009.
M.N. KRISHNAN,JUDGE
vkm