IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN TUESDAY, THE 28TH OCTOBER 2008 / 6TH KARTHIKA 1930 MACA.No. 766 of 2008(B) ---------------------- OPMV.2311/2001 of MOTOR ACCIDENT CLAIMS TRIBUNAL, THRISSUR .................... APPELLANT/3RD RESPONDENT: -------------- UNITED INDIA INSURANCE COMPANY LTD., REP.BY ITS ASST. MANAGER, REGIONAL OFFICE, SHARANYA, HOSPITAL ROAD, KOCHI-11. BY ADV. SRI.P.R.RAMACHANDRA MENON RESPONDENT/PETITIONER & RESPONDENTS 1 & 2 --------------------------------------------- 1. SUKUMARAN, S/O.LATE BHASKARAN NAIR, EEZHAPARAMBATH HOUSE,P.O., PONNUKARA, THRISSUR-680 014. 2. BENNYC.L.S/O.LONAPPAN, CHERUVALKARAN HOUSE, P.O,.KALLUR, THRISSUR DIST. 3. DIVAKARAN, S/O.NARAYANAN PANICKER, EDATTU HOUSE, POTHIKKARA, PUTHUR P.O., THRISSUR. ADV. SRI.P.V.CHANDRA MOHAN FOR R1 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 28/10/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: M.N. KRISHNAN, J ----------------------- M.A.C.A.No. 766 OF 2008 --------------------------------- Dated this the 28th day of October, 2008 JUDGMENT This appeal is preferred against the award of the Motor Accident Claims Tribunal, Thrissur in O.P.(MV) No. 2311/2001. The claimant, a pillion rider in a Motorcycle sustained injuries in a road accident. The Tribunal awarded him a compensation of Rs. 42,200/- and directed the Insurance Company to pay the amount. A perusal of para 4 of the award would reveal that the Insurance Company has raised a specific contention that “the petitioner has stated that he was a pillion rider at the time of the accident. The policy is only an 'act only policy' and hence this respondent is not liable to compensate pillion rider of the vehicle”. Unfortunately this contention has not been adverted to at all by the Tribunal in spite of the production of the policy. It is a matter that requires consideration. Therefore an opportunity has to be given and that Tribunal has to frame an appropriate issue and answer the same. Therefore the award under challenge is set aside so far as it relates to the liability is concerned without disturbing the quantum. The Tribunal is directed to frame an appropriate issue and then M.A.C.A. 766/2008 -2- to permit all concerned to produce documentary as well as oral evidence in support of their respective contentions and then dispose of the matter in accordance with law. Since owner has not chosen to appear before this court in spite of notice and as it will affect him the Insurance Company shall take out summons to the owner again after it appears before the Tribunal. Parties are directed to appear before the Tribunal on 15.12.2008. M.N. KRISHNAN, JUDGE vkm