IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN MONDAY, THE 17TH NOVEMBER 2008 / 26TH KARTHIKA 1930 MACA.No. 1565 of 2006(B) ------------------------------------- OP(MV).NO.304/1998 OF MOTOR ACCIDENT CLAIMS TRIBUNAL, PATHANAMTHITTA .................... APPELLANT/ 3RD RESPONDENT IN O.P.(MV).NO.304/1998: ----------------------------------------------------------------------------------- NATIONAL INSURANCE COMPANY LIMITED, BRANCH, PATHANAMTHITTA, REP. BY ITS ADMINISTRATIVE OFFICER, MOTOR THIRD PARTY CLAIM SECTION, AJAY VIHAR, M.G.ROAD, ERNAKULAM. BY ADV. SRI.LAL GEORGE RESPONDENTS/ PETITIONER AND RESPONDENTS 1 & 2 IN O.P.(MV).NO.304/98: ------------------------------------------------------------------------------------------------------------------ 1. AJAYAKUMAR, S/O.GANGADHARAN NAIR, AGED 35 YEARS, SIVA BHAVAN, PRAKANAM P.O., CHENEERKARA VILLAGE, KOZHENCHERRY TALUK, PATHANAMTHITTA DISTRICT. 2. V.T.MOHANKUMAR, S/O.THANKAPPAN NAIR, DEVI BHAVAN, PATHANAMTHITTA P.O., VALANCHUZHY, PATHANAMTHITTA. 3. ARAVINDAKSHAKUMAR, S/O.KRISHNAN NAIR, THONDUKULANGARA, ANGADICKAL, KAIPATTOOR, PATHANAMTHITTA. R2 BY ADV. SRI.S.MUHAMMED HANEEF. THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING COME UP FOR ADMISSION ON 17/11/2008,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: prv. M.N.KRISHNAN, J ===================== MACA No.1565 OF 2006 ===================== Dated this the 17th day of November 2008 JUDGMENT When the matter came up for admission today, the insurance company and the claimant represented. The owner and the driver in spite of notice had not entered appearance in the delay condonation application as well. The short point that arises for consideration is regarding the non- consideration of a valid contention raised by the insurance company. The claimant was a pillion rider in a two wheeler and in paragraph 4 of the written statement, the insurance company has specifically stated that as the policy issued is only an Act only policy and as the claimant was only a pillion rider the insurance company is not bound to pay the amount. Unfortunately the said contention has not been considered. No issues were raised. Therefore the matter requires reconsideration. As per the dictum laid down in United India Insurance Co.Ltd. v. Tilak Singh(2006(2) KLT 884(SC) if no additional premium is paid for a pillion rider an Act only policy does not cover the risk of death of or bodily injury of a gratuitous passenger carried in a private vehicle. For that purpose the matter is MACA 1565/2006 -:2:- remitted back to the Tribunal with a direction to permit all parties to produce documents and adduce evidence in support of their respective contentions. The Tribunal is directed to frame appropriate issues and answer them. Since the owner and driver did not appear before this Court, the insurance company is directed to take out notice to the respondents after it enters appearance before the Tribunal. Parties are directed to appear before the Tribunal on 29.12.2008. MACA is disposed of as above. M.N.KRISHNAN, JUDGE Cdp/-