IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR & THE HONOURABLE MR. JUSTICE P.Q.BARKATH ALI MONDAY, THE 29TH AUGUST 2011 / 7TH BHADRA 1933 RP.No. 547 of 2011() -------------------- AGAINST THE JUDGEMENTIN MACA.2057/2006 .................... REVIEW PETITIONER(S): APPELLANT.: ------------------------------------------- THE ORIENTAL INSURANCE COMPANY LIMITED, NOW REPRESENTED BY ITS ASSISTANT MANAGER, REGIONAL OFFICE, METRO PALACE,KOCHI-18. BY ADV. SRI.MATHEWS JACOB, SENIOR ADVOCATE SRI.P.JACOB MATHEW RESPONDENT(S): RESPONDENTS 1 & 2. --------------------------------------------- 1. JOSHI, S/O.T.L.ANTONY,THANIKKAL CHALISSERY HOUSE, ERAVU P.O., ARIMBUR,THRISSUR.PIN 680620 2. JOSHI DAVID K.S, S/O.DAVID, KOLLANNUR HOUSE,PARAVATTY P.O. PIN 680 588. THIS REVIEW PETITION HAVING COME UP FOR ADMISSION ON 29/08/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V.RAMKUMAR & P.Q.BARKATH ALI, JJ =~=~=~=~=~=~=~=~=~=~=~=~=~=~=~=~= R.P. No. 547 of 2011 =~=~=~=~=~=~=~=~=~=~=~=~=~=~=~=~= Dated this the 29th day of August, 2011. O R D E R Ramkumar, J. This review petition is filed by insurer of the offending vehicle objecting to that part of the judgment dated 28.3.2011 of this Court which has directed the insurer to pay compensation to first respondent/claimant and recover the same from the owner of the vehicle namely 2nd respondent in the appeal. 2. We heard the counsel appearing for the review petitioner as also the counsel appearing for the claimant as well the 2nd respondent. 3. This is a case where the review petitioner had absolutely no liability to indemnify the insurer, since the claimant was a pillion rider who was not covered under Exhibit P1 policy which was an Act policy. After having found that the insurer is not liable to indemnify the insured, the further direction made to the insurer to pay the compensation to the claimant and recover the same from the owner of the vehicle was uncalled for. Accordingly, we delete that portion of the judgment directing the review petitioner (the insurer) to pay the compensation amount to the claimant and recover the same from the 2nd respondent. It RP 547/2011 2 shall be open to the claimant to move against the registered owner/insured for realization of the compensation amount. Review is allowed. V.RAMKUMAR,JUDGE P.Q.BARKATH ALI, JUDGE rkc