IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.N.RAMACHANDRAN NAIR & THE HONOURABLE MR. JUSTICE C.K.ABDUL REHIM THURSDAY, THE 5TH FEBRUARY 2009 / 16TH MAGHA 1930 MACA.No. 924 of 2004() ---------------------- OPMV.702/2000 of MOTOR ACCIDENT CLAIMS TRIBUNAL, NEYYATTINKARA .................... APPELLANT(S): APPELLANT: ------------------------ S.K.SREEKALA, PLAVARATHALA HOUSE, THENNOORKONAM, VIZHINJAM, KOTTAPPURAM P.O., THIRUVANANTHAPURAM. BY ADV. SRI.J.HARIKUMAR SRI.S.HARIKUMAR RESPONDENT(S): --------------- 1. L.ANILKUKAR, PLAVARATHALA HOUSE, THENNOORKONAM, VIZHINJAM, KOTTAPPURAM P.O., THIRUVANANTHAPURAM. 2. THE MANAGER, ORIENTAL INSURANCE COMPANY LTD., ST.MARY VILLA, ULLOOR, MEDICAL COLLEGE P.O., THIRUVANANTHAPURAM. ADV. SRI.GEORGE CHERIAN (THIRUVALLA) FOR R2 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 05/02/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: C.N.RAMACHANDRAN NAIR & C.K.ABDUL REHIM, JJ. .................................................................... M.A.C.A. No.924 of 2004 .................................................................... Dated this the 5th day of February, 2009. JUDGMENT Ramachandran Nair, J. Heard counsel for the appellant and Standing Counsel for the Insurance Company. Appeal against the Insurance Company is not maintainable because the accident leading to injury to the appellant was caused by appellant's husband who was riding the bike. Admittedly the policy is only an act policy which does not cover injury to the pillion rider by virtue of decision of the Supreme Court in UNITED INDIA INSURANCE COMPANY LTD. V. TILAK SINGH (2006(2) KLT 884). No other ground is raised in the appeal. Consequently the appeal is dismissed. C.N.RAMACHANDRAN NAIR Judge C.K.ABDUL REHIM Judge pms