IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN WEDNESDAY, THE 25TH JUNE 2008 / 4TH ASHADHA 1930 MACA.No. 2101 of 2006() ----------------------------------- OPMV.790/2002 of MOTOR ACCIDENT CLAIMS TRIBUNAL, THRISSUR .................... APPELLANT/3RD RESPONDENT -------------------------------------------- THE ORIENTAL INSURANCE COMPANY LIMITED, THRISSUR, NOW REPRESENTED BY ITS ASSISTANT MANAGER, REGIONAL OFFICE, METRO PALACE, KOCHI-18. BY ADV. SRI.MATHEWS JACOB (SR.) SRI.P.JACOB MATHEW RESPONDENTS:PETITIONER AND RESPONDENTS 1 & 2 ------------------------------------------------------------------------------- 1. K.V.GEORGE, S/O. VARGHESE, KANJIRATHUMOOTTIL HOUSE, P.O.KANNARA, COMPANY PADI, THRISSUR. 2. K.V.BIJU, S/O. VASUDEVAN, KURUMBOOR HOUSE, WEST MANGAD P.O., THRISSUR. 3. ANILKUMAR, S/O. KRISHNANKUTTY, PADINJAROOT HOUSE, THAMBU THATTIPADI DESOM, PEECHI VILLAGE, THRISSUR. BY ADV.SRI.V.CHITAMBARESH - R1 SRI.T.C.SURESH MENON - R1 SRI.K.S.JAYARAJAN (VELUR) - R2 SMT.N.R.KANAKAMBIKA - R2 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 25/06/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ORDER ON I.A. NO.2344/06 IN MACA. NO.2101/2006 DISMISSED 25/06/2008 SD/- M.N.KRISHNAN, JUDGE // TRUE COPY // Rs/ M.N. KRISHNAN, J. = = = = = = = = = = = = = = M.A.C.A. NO. 2101 OF 2006 = = = = = = = = = = = = = = = Dated this the 25th day of June, 2008. J U D G M E N T This appeal is preferred by the insurance company against the award of the Motor Accidents Claims Tribunal, Thrissur in O.P.(MV)790/02. The claimant, a pillion rider was injured in a road accident and the Tribunal has awarded a compensation. A perusal of paragraph 6 of the award would reveal that the insurance company has raised a specific contention, “The policy issued by the 3rd respondent was only an Act only policy which would not cover pillion rider. So, the 3rd respondent is not liable to pay any compensation.” But unfortunately, this point has not been considered by the Tribunal especially in the back drop of Tilak Singh's case [United India Insurance Co. Ltd. v. Tilak Singh (2006 (4) SCC 404)]. Therefore the matter requires reconsideration at the hands of the Tribunal on this point alone. Therefore the award of the Tribunal is partly set aside M.A.C.A. 2101 OF 2006 -:2:- and the matter is remitted back to the Tribunal for consideration of the question that being a pillion rider the claimant is entitled to claim compensation against the insurance company and whether the insurance company is bound to indemnify the owner of the vehicle. Parties are directed to appear before the Tribunal on 4.8.08. M.N. KRISHNAN, JUDGE. ul/-