IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN TUESDAY, THE 2ND DECEMBER 2008 / 11TH AGRAHAYANA 1930 MACA.No. 1970 of 2007() ------------------------------------ OPMV.941/2002 of MOTOR ACCIDENT CLAIMS TRIBUNAL, PARAVUR .................... APPELLANT(S): 3RD RESPONDENT: ------------------------ THE ORIENTAL INSURANCE COMPANY LIMITED NOW REPRESENTED BY ITS CHIEF REGIONAL MANAGER, REGIONAL OFFICE, METRO PALACE, KOCHI-18. BY ADV. SRI.MATHEWS JACOB (SR.) SRI.P.JACOB MATHEW RESPONDENT(S): PETITIONER AND RESPONDENTS 1 AND 2: --------------------------- 1. ANTONY, S/O.DEVASSI, THAMARAPARAMBIL HOUSE, PERUMPILLY, NARAKKAL P.O., KOCHI TALUK. 2. BONY D'SOUZA, S/O.JOHN D'SOUZA, THAMARAPARAMBIL HOUSE, NARAKKAL P.O., KOCHI TALUK. 3. ANURAJ, S/O.,MATHEW, MATHIRAPPILLI HOUSE, PERUMPILLY, NARAKKAL P.O., KOCHI TALUK. ADV. SRI.G.BALAMURALEEDHARAN (PARAVUR) FOR R1 SRI.MATHEWS V.JACOB (PARAVUR) FOR R1 SRI.N.T.NANDAKUMAR (PARAVUR) FOR R1 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 02/12/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ORDER ON I.A. NO.2503/2007 IN MACA. NO.1970/2007 Dismissed 02.12.2008 SD/- M.N.KRISHNAN, JUDGE /TRUE COPY/ P.A. TO JUDGE tss M.N. KRISHNAN, J ----------------------- M.A.C.A.No. 1970 OF 2007 --------------------------------- Dated this the 2nd day of December, 2008 JUDGMENT This appeal is preferred against the award of the Motor Accident Claims Tribunal, N. Paravur in O.P.(MV) No. 941/2002. The claimant, who was a pillion rider, sustained injuries in a road accident and the tribunal awarded a compensation of Rs. 13,000/-. The tribunal found that the policy is only an Act only policy and therefore the Insurance Company is not liable to compensate, but directed payment by the Insurance Company with a right of recovery. Normally right of recovery is granted in cases where there is breach of policy conditions. Suppose a policy does not cover the risk of a person, then there is no question of any liability on the Insurance Company. By applying the dictum laid down in United India Insurance Co. Ltd. v. Tilak singh [2006 (2) KLT 884] , the status of a pillion rider in a case where there is an Act only policy is that of a gratuitous passenger who is not covered by the policy. So when the policy does not cover the risk of a pillion rider there cannot be any direction to the Insurance Company to pay the amount and get it reimbursed. Further he is not a third party. M.A.C.A. No. 1970/2007 -2- Therefore the decision of the tribunal directing the Insurance Company to pay the amount and recover it from the owner is not in accordance with law which requires interference. Therefore the award passed by the tribunal is modified and the Insurance Company is totally exonerated from the liability and the claimant is at liberty to realise the entire amount from respondents 1 and 2 jointly and severally. The amount if deposited by the Insurance Company shall be reimbursed to them on proper application. The M.A.C.A is disposed of accordingly. M.N. KRISHNAN,JUDGE vkm