IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN THURSDAY, THE 18TH DECEMBER 2008 / 27TH AGRAHAYANA 1930 MACA.No. 2169 of 2008(B) --------------------------------- OPMV.443/2003 of MOTOR ACCIDENT CLAIMS TRIBUNAL, NORTH PARUR. APPELLANT(S): 2ND RESPONDENT ----------------------------------------- NATIONAL INSURANCE COMPANY LTD, REP.BY ITS MANAGER, 3RD PARTY WING,OMANA BUILDING, PADMA JUNCTION, KOCHI-35. BY ADV. SRI.P.R.RAMACHANDRA MENON RESPONDENT(S)/PETITIONER/1ST RESPONDENT: ----------------------------------------------------------- 1. SREENIVAS, S/O.SREEDHARAN, NJATTUPETTY HOUSE, MANAKKAPPADY KARA, KARUMALLOOR VILLAGE. 2. VENU.T.P,S/O.PRABHAKARAN, THAIMADATHIL HOUSE, KARUMALLOOR.P.O, MANAKKAPPADY. ADV. SRI.P.K.SAJEEV FOR R1 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 18/12/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: M.N. KRISHNAN, J. = = = = = = = = = = = = = = M.A.C.A. NO. 2169 OF 2008 = = = = = = = = = = = = = = = Dated this the 18th day of December, 2008. J U D G M E N T This appeal is preferred against the award of the Motor Accidents Claims Tribunal, North Paravur in O.P.(MV)443/03. The claimant sustained injuries in a road accident and the Tribunal has awarded a compensation of Rs.12,500/-. The Tribunal found that the policy is only an Act only policy and there is no coverage for the pillion rider. But it directed the insurance company to pay the amount and get it reimbursed from the owner. It is against that decision the insurance company has come up in appeal. 2. When it is only an Act only policy the status of a pillion rider will be that of a gratuitous passenger who is not statutorily covered under Section 147 of the M.V.Act. Or in other words, the policy issued by the insurance company does not take in the risk of such persons and normally pay and recover is ordered in cases when there is breach of policy conditions. The Apex Court has also held that a pillion M.A.C.A. 2169 OF 2008 -:2:- rider in a bike is not a third party. So the dictum that third party has to be compensated and the amount is to be recovered from the owner also does not arise in case of a pillion rider. It is also to be stated it is not a breach of policy condition but it is the non-coverage that is the issue. When there is no coverage one cannot ask the insurance company to pay the amount and therefore the order of the Tribunal directing the insurance company to pay the amount and recover it from the owner is absolutely incorrect which requires interference. Therefore the said direction is set aside and the award is modified exonerating the insurance company from the liability and reserving the right of the claimant to recover it from the owner cum driver of the vehicle. If any amount is deposited by the insurance company that may be returned back to the Company on proper application and if by any chance any amount is disbursed to the claimant that amount be recovered by the insurance company from the owner by executing the same award. The MACA is disposed of accordingly. M.N. KRISHNAN, JUDGE. ul/-