IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE J.B.KOSHY & THE HONOURABLE MR. JUSTICE K.P.BALACHANDRAN MONDAY, THE 13TH OCTOBER 2008 / 21ST ASWINA 1930 MACA.No. 1237 of 2006(A) ------------------------------------- O.P(MV).NO.1048/2002 OF MOTOR ACCIDENT CLAIMS TRIBUNAL, MUVATTUPUZHA .................... APPELLANT/PETITIONER: ------------------------------------- JIMESH, S/O. CHANDRASEKHARAN NAIR, AGED 27 YEARS, RESIDING AT PAVUMPADICKALTHAZHAM, ARIKULAM P.O., QUILANDI, KOZHIKODE. BY ADV. SRI.K.JAJU BABU, ADV. SMT.M.U.VIJAYALAKSHMI. RESPONDENTS/ RESPONDENTS: ------------------------------------------------ 1. K.O.PHILIP, KOTTUVAZHIKKAM HOUSE, PANAMPILLY NAGAR, KADAVANTHRA, KOCHI. 2. ANANDA PADMANABHAN, S/O. SREENIVAS, 41/II, REDDIAR COLONY, KURICHIVADY VILLAGE, KADAVOOR DIST., TAMIL NADU. 3. DORAIRAJ, S/O. NAGAYYA, DOOR NO.16/90, LAKSHMIPURA AGRAGAM STREET, LAKSHMIPURAM, KARAIKUDI, SIVANAGA DIST., TAMILNADU, (NOW WORKING AT TATA CERAMIC LTD., KAKKANADU.) 4. NEW INDIA ASSURANCE CO. LTD., 1ST FLOOR, CHANDRIKA BUILDINGS, M.G.ROAD, KOCHI-11, ERNAKULAM. ADV. SRI.V.P.K.PANICKER FOR R4, ADV. SRI.ANIL S.RAJ FOR R.1. THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 13/10/2008,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: prv. J.B.KOSHY & K.P.BALACHANDRAN, JJ. -------------------------------------- M.A.C.A.No.1237 OF 2006 ------------------------------------- Dated 13th October, 2008 JUDGMENT Koshy,J . Appellant/claimant while riding as a second pillion rider in a motor cycle ridden by the third respondent sustained injuries due to an accident on 6.7.2001. The Tribunal found that Section 128 of the Motor Vehicles Act prohibits carrying more than one person in addition to the rider on a two wheeler and, therefore, the claimant himself was responsible for the injuries in travelling as a second pillion rider. It was also found that there was no evidence to show that the accident occurred due to the negligence of the third respondent. Further, we note that there was no insurance coverage for pillion rider. In these circumstances, we see no ground to interfere with the award. The appeal is dismissed. J.B.KOSHY JUDGE K.P.BALACHANDRAN JUDGE tks