IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE J.B.KOSHY & THE HONOURABLE MRS. JUSTICE K.HEMA THURSDAY, THE 7TH FEBRUARY 2008 / 18TH MAGHA 1929 MACA.No. 674 of 2003() ---------------------- OPMV.2638/1996 of MOTOR ACCIDENT CLAIMS TRIBUNAL, ERNAKULAM .................... APPELLANT/PETITIONER ------------------- TOMY JOSEPH, AGED 33, S/O. C.T.JOSEPH, "ABHILASH" MANJUMMEL P.O., UDYOGAMANDAL, ELOOR, ERNAKULAM. BY ADV. SRI.N.M.MOHAMMED AYUB SRI.V.A.JOHNSON RESPONDENTS: RESPONDENTS ------------------------ 1. SHAJI, AGED 35, S/O. PHILIP, PALLAN HOUSE, "SHAMNI NIVAS", ASOKAPURAM, PALLIKKUNNU, ALUVA. 2. NATIONAL INSURANCE CO.LTD., PUMP JUNCTION BRANCH, ALUVA 683 101. BY ADV. SRI.JOE KALLIATH - R2 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING COME UP FOR ADMISSION ON 07/02/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: J.B.KOSHY & K.HEMA, JJ. -------------------------------------- M.F.A.No.674 OF 2003 ------------------------------------- Dated 7th February, 2008 JUDGMENT Koshy,J . Appellant/claimant at the age of 26 met with a motor accident on 4.3.1995. According to him, while he was travelling as a pillion rider in a bike ridden by the first respondent, his friend, it hit against a bicycle and as a result he sustained serious injuries. He was a B.Tech student and working as a parallel college lecturer at the time of accident. Tribunal noticed that even though accident occurred on 4.3.1995, F.I.R was registered only on 6.8.1996. Further, evidence would reveal that appellant himself was riding the bike. Tribunal disbelieved the claim. We are of the view that no interference is required in the impugned judgment. Further, standing counsel for the insurance company pointed out that appellant pillion rider is not covered under the act policy and even if he is a pillion rider, insurance company is not liable to pay the compensation. However, on the facts and circumstances of the case, the cost awarded is set aside. The appeal is dismissed with the above modification in the impugned judgment. J.B.KOSHY JUDGE K.HEMA JUDGE tks