IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT:- THE HONOURABLE MR. JUSTICE M.N.KRISHNAN FRIDAY, THE 30TH MAY 2008 / 9TH JYAISHTA 1930 M.A.C.A.No.972 of 2008 ----------------------------------------------- O.P.(M.V.).NO.822/2001 OF THE MOTOR ACCIDENTS CLAIMS TRIBUNAL, IRINJALAKUDA (JUDGMENT DATED 30.06.2006) .................... APPELLANT/3RD RESPONDENT:- ------------------------------------------------- UNITED INDIA INSURANCE COMPANY LTD., REP. BY ITS ASSISTANT MANAGER, REGIONAL OFFICE, SHARANYA, HOSPITAL ROAD, KOCHI-11. BY ADV. SRI.P.R.RAMACHANDRA MENON RESPONDENTS: PETITIONER & RESPONDENTS 1 & 2 RESPECTIVELY:- ------------------------------------------------------------------------------------------------------ 1. JENSON, AGED ABOUT 25 YEARS, S/O. P.D. JOSEPH, PANAKAPARAMBIL HOUSE, P.O. CHERAI, ERNAKULAM DISTRICT. 2. JESSY JOSEPH, W/O. JOSEPH, PANAKAPARAMBIL HOUSE, P.O. CHERAI,ERNAKULAM DIST. 3. JAISON, PANAKAPARAMBIL HOUSE, NEAR JANATHA BEACH ROAD, P.O. CHERAI,ERNAKULAM DISTRICT. THIS MOTOR ACCIDENTS CLAIMS APPEAL HAVING COME UP FOR ADMISSION ON 30/05/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:- M.N.Krishnan,J. -------------------------------- M.A.C.A.No.972 of 2008 -------------------------------- Dated, this the 30th day of May, 2008 JUDGMENT This appeal is preferred against the award of the Motor Accidents Claims Tribunal, Irinjalakuda in O.P.(M.V.).No.822 of 2001. 2. The appellant is the Insurance Company and the contention is that the Insurance Company is not liable to indemnify on account of the fact that the person who has claimed the compensation is a pillion rider. 3. It is true, in the light of the decision of the Supreme Court in United India Insurance Co. Ltd. v. Tilak Singh [2006 (2) KLT 884 (SC)], the liability on an Act policy does not cover a pillion rider. But, when the liability of the Insurance Company is sought to be exonerated, there must be pleadings to the effect that it is only an Act policy and that it does not cover a pillion rider. Those pleadings are not available at all. Further, the Court below has found that it is a comprehensive policy and, in the absence of evidence, has M.A.C.A.No.972 of 2008 - 2 - considered the policy which takes in a pillion rider also. This Court cannot find fault with the view taken by the Tribunal. Therefore, the appeal lacks merits. It is accordingly dismissed. M.N.Krishnan Judge vku/-