IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE J.B.KOSHY & THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN MONDAY, THE 23RD JUNE 2008 / 2ND ASHADHA 1930 MACA.No. 1112 of 2008() ---------------------------------- OPMV.845/2002 of MOTOR ACCIDENT CLAIMS TRIBUNAL, ALAPPUZHA .................... APPELLANTS/PETITIONERS -------------------------------------- 1. GOPINATHA KURUP, LEKSHMI SADANAM, PERUNNA, CHANGANASSERY. 2. BHANUMATHY AMMA, LEKSHMI SADANAM, PERUNNA.P.O, CHANGANASSERY. BY ADV. SRI.C.S.MANU SRI.S.K.PREMRAJ SMT.SARITHA PREMRAJ SRI.ANOOP JOSEPH SRI.ABHILASH AKBAR SRI.T.B.SIVAPRASAD RESPONDENTS/RESPONDENTS ---------------------------------------------- 1. AJITHAKUMARI, W/O. LATE VIJAYARAJ, RAI VILAS, MUTHOOR.P.O, THIRUVALLA, NOW RESIDING AT THAYYIL, CHINGOLI.P.O, ALAPPUZHA. 2. ORIENTAL INSURANCE COMPANY LIMITED, REP. BY ITS MANAGER, ALAPPUZHA. BY THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING COME UP FOR ADMISSION ON 23/06/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Rs/ J.B.Koshy & P.N.Ravindran, JJ. ===================== M.A.C.A.No.1112 of 2008 ===================== Dated this the 23rd day of June, 2008. JUDGMENT Koshy,J. The unfortunate parents of a 27 year old young man, who died in a motor accident have claimed Rs.7,00,000/- as compensation by filing a petition under Section 163A of the Motor Vehicles Act. The Tribunal has awarded an amount of Rs.2,78,000/- with interest and costs. The motor cycle in which the deceased was travelling was driven by the owner of the motor cycle who was injured in the accident. Since he also died, his wife was impleaded as first respondent. The vehicle was covered with an Act only policy. In an Act only policy, the pillion rider is not covered, in view of the decision of the Apex Court in United India Insurance Co. Ltd. v. Tilak Singh - 2006(2) K.L.T. 884. Therefore, the first respondent was made liable to pay compensation to the extent of the property inherited by her MACA 1112/08 -: 2 :- from her husband. We see no ground to interfere in the award on the basis of the undisputed facts of this case. The appeal is dismissed. J.B.Koshy, Judge. P.N.Ravindran, Judge. -ess 28/6