IN THE HIGH COURT OF KERALA AT ERNAKULAM
MACA.No. 2672 of 2008()
1. SUKUMARA PILLAI, S/O.BHASKARA PILLAI,
... Petitioner
Vs
1. K.P.GOPALAKRISHNA PILLAI,
... Respondent
2. SUNIL KUMAR, S/O.GOVINDAN NAIR,
3. THE SENIOR DIVISIONAL MANAGER,
For Petitioner :SRI.SANTHAN V.NAIR
For Respondent :SRI.LAL GEORGE
The Hon'ble MR. Justice M.N.KRISHNAN
Dated :28/01/2009
O R D E R
M.N. KRISHNAN, J
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M.A.C.A.No. 2672 OF 2008
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Dated this the 28th day of January, 2009
JUDGMENT
This is an appeal preferred against the award of the Motor
Accident Claims Tribunal, Thiruvananthapuram in O.P.(MV)
No.769/2002. The claimant, a pillion rider in a motor cycle,
sustained injuries in a road accident and he has been awarded a
compensation of Rs. 23,650/- and the Insurance Company has been
exonerated from the liability. It is against the exoneration of the
Insurance Company from the liability, the appeal is preferred by the
claimant.
2. A perusal of the award as well as the policy would show
that it is a comprehensive policy. Unfortunately the conditions of
the comprehensive policy has not been produced. Admittedly no
additional premium is collected to cover the risk of a pillion rider.
So far as the liability of the Insurance Company is concerned, if the
policy issued is only an Act only policy and no additional premium is
collected and therefore in the light of the dictum laid down in
United India Insurance Co. Ltd. v. Tilak Singh [2006 (2) KLT
884], the Insurance Company is not bound to pay the amount.
But there are certain comprehensive policies which contains
M.A.C.A. 2672/2008
2
conditions of the contract whereby it undertakes to cover the risk
of a person travelling in a motor vehicle other than for hire or
reward. This clause came up for consideration before a Division
Bench of this court in the decision reported in New India
Assurance Company Ltd. v. Hydrose and others [2008 (3)
KHC 522] , held that by virtue of the terms of the contract, the
Insurance company may be liable to pay the amount. But all
depends upon the specific clause contained in the policy and if there
is a coverage by terms of the contract then the Insurance Company
may not be able to escape. But for the said purpose it requires
production of the conditions of the policy as well as the evidence.
Therefore the matter requires reconsideration at the hands of the
tribunal. Therefore the award under challenge is set aside so far as
it relates to the liability is concerned and matter is remitted back to
the tribunal for fresh consideration . All parties are permitted to
produce documentary as well as oral evidence in support of their
respective contentions.
Parties are directed to appear before the tribunal on 3.3.2009.
M.N. KRISHNAN,JUDGE
vkm
