IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.N.RAMACHANDRAN NAIR & THE HONOURABLE MR. JUSTICE HARUN-UL-RASHID MONDAY, THE 20TH OCTOBER 2008 / 28TH ASWINA 1930 MACA.No. 541 of 2003(C) ----------------------- OPMV.1138/1999 of MOTOR ACCIDENT CLAIMS TRIBUNAL, MUVATTUPUZHA .................... APPELLANT(S): APPELLANT/PETITIONER ---------------------------------- CHACKO S/O. VARGHESE, AGED 36 YEARS, RESIDING AT THEKKEMALIL HOUSE, PRALAYAKKADU KARA, VENGOOR VILLAGE. BY ADV. SRI.K.JAJU BABU SMT.C.S.SHEEJA RESPONDENT(S): RESPONDENTS -------------------------- 1. K.P.JOY, S/O. PAULOSE, KANIYADAN HOUSE, THURUTHI P.O., PERUMBAVOOR. 2. K.K.PAULOSE S/O. K.N.KURIAKOSE, KALLINGAL HOUSE, KURUPPUMPADY, PERUMBAVOOR. 3. UNITED INDIA INSURANCE CO.LTD., PERUMBAVOOR ADV. SMT.K.C.BEENA FOR R3 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 20/10/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: C.N.RAMACHANDRAN NAIR & HARUN-UL-RASHID, JJ. .................................................................... M.A.C.A. No.541 of 2003 .................................................................... Dated this the 20th day of October, 2008. JUDGMENT Ramachandran Nair, J. Appeal is filed challenging the order of the MACT rejecting appellant's claim for compensation. Accident occurred on 26.12.1998 and based on a private complaint filed on 24.6.1999 appellant contended that accident was caused while the first respondent was riding a bike in which the appellant was the pillion rider. However, MACT noticed that the appellant went to the hospital by himself and he was not accompanied by the first respondent as claimed by him. The inordinate delay in filing the complaint is another reason for the MACT to disbelieve appellant's case. We do not think there is any need to consider appellant's case because even if appellant's claim that he was a pillion rider is accepted, the Insurance Company is not liable to pay any compensation as pillion rider is not covered by policy by virtue of decision of the Supreme Court in UNITED 2 INDIA INSURANCE CO. LTD. V. TILAK SINGH (2006(2) KLT 884 (SC)). The appeal is consequently dismissed. C.N.RAMACHANDRAN NAIR Judge HARUN-UL-RASHID Judge pms