IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN THURSDAY, THE 17TH SEPTEMBER 2009 / 26TH BHADRA 1931 MACA.No. 2162 of 2007() ----------------------------------- AGAINST THE ORDER DATED 29/03/2007 IN IA.5679/05 IN OPMV.1827/2005 of MOTOR ACCIDENT CLAIMS TRIBUNAL, PATHANAMTHITTA .................... APPELLANT/3RD RESPONDENT ---------------------------------------------- UNITED INDIA INSURANCE CO.LTD., DIVISIONAL OFFICE, CHINNAKKADA, KOLLAM, REPRESENTED BY ITS ASSISTANT MANAGER, REGIONAL OFFICE, ERNAKULAM. BY ADV. MR.N.S.MOHAMMED USMAN RESPONDENTS/PETITIONER & RESPONDENT ----------------------------------------------------------------- 1. JOHN MILTON, AGED 26, SON OF JACOB, NEDUNILATH HOUSE, POST PALLURUTHY, ERNAKULAM. 2. VINU VARGHESE, SON OF T.G.VARGHEESE, THOPPIL PEEDIKAYIL HOUSE, THEVARA POST, ERNAKULAM. 3. JOHN ANTONY, HOUSE NO.47/587 (28/807), MANGATTU, POST VADUTHALA, KOCHI. BY THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING COME UP FOR ADMISSION ON 17/09/2009,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: MACA.No. 2162 of 2007 ORDER ON I.A.2761/2007 IN MACA. NO.2162/2007 DISMISSED. 17/09/2009. SD/- M.N.KRISHNAN, JUDGE //TRUE COPY// P.A. TO JUDGE rs. M.N. KRISHNAN, J. = = = = = = = = = = = = = = M.A.C.A. NO. 2162 OF 2007 = = = = = = = = = = = = = = = Dated this the 17h day of September, 2009. J U D G M E N T This appeal is preferred against the preliminary award in I.A. 5679/05 in O.P.(MV)1827/05. The insurance company would contend that the claimant is a pillion rider and the policy does not cover the risk of a pillion rider and this matter has not been considered by the Tribunal. It is also contended that disablement as contemplated u/s 142 is also not there. I find the Tribunal has not considered this aspect at all and therefore I set aside the award and direct the Tribunal to consider the application for preliminary award afresh and pass appropriate orders. Till that time if the amount is in deposit let it be in deposit and be disbursed to the party entitled to it after a fresh decision is taken in the matter. M.N. KRISHNAN, JUDGE. ul/-