IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N. KRISHNAN THURSDAY, THE 6TH JANUARY 2011 / 16TH POUSHA 1932 MACA.No. 1986 of 2010() ----------------------- OPMV.637/2005 of MOTOR ACCIDENT CLAIMS TRIBUNAL, ERNAKULAM ................. APPELLANT / THIRD RESPONDENT IN THE OP(MV): --------------------------------------------------------------------------- THE UNITED INDIA INSURANCE CO. LTD., ERNAKULAM BRANCH, REPRESENTED BY THE DEPUTY MANAGER, UNITED INDIA INSURANCE CO. LTD., OFFICE OF THE REGIONAL MANAGER, HOSPITAL ROAD, ERNAKULAM. BY ADV. SRI.M.A.GEORGE RESPONDENTS / PETITIONER & RESPONDENTS 1 & 2 IN THE OP(MV): ---------------------------------------------------------------------------------------------------- 1. A.S.SUNIL, S/O. SUKU, ALUNKALTHARA HOUSE, SOUTH OF T.V. JN., MARADU P.O., MARADU VILLAGE, KANAYANNUR TALUK, ERNAKULAM. 2. T.B.SANTHOSH, S/O. T.N.BALAKRISHNAN, PAREPARAMBIL HOUSE, MARADU P.O., ERNAKULAM. 3. N.P.MANIKANTAN, S/O. NANAPPAN, KATTATHARA HOUSE, NEAR T.V.JN., MARADU P.O., MARADU VILLAGE, ERNAKULAM. R2 BY ADVS. SRI.T.MADHU SRI.D.M.SAJEEVAN THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING COME UP FOR ADMISSION ON 06/01/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Mn ...2/- MACA.No. 1986 of 2010() -2- ORDER ON I.A. NO. 2604/2010 IN MACA. NO. 1986/2010 DISMISSED 06/01/2011 SD/- M.N. KRISHNAN, JUDGE //TRUE COPY// P.S. TO JUDGE Mn M.N. KRISHNAN, J. = = = = = = = = = = = = = = M.A.C.A. NO. 1986 OF 2010 = = = = = = = = = = = = = = = Dated this the 6th day of January, 2011. J U D G M E N T This appeal is preferred against the award of the Motor Accidents Claims Tribunal, Ernakulam in O.P.(MV)637/05. The claimant, therein was a pillion rider in a motorcycle driven by the 2nd respondent in the claim petition and it collided with another motorbike resulting in injuries to the pillion rider as well as the rider of the other motorbike. The Tribunal jointly tried the case and awarded a compensation of Rs.4,95,200/- in O.P.(MV)1012/05 and Rs.15,000/- in the present case. 2. The point that arises for consideration in the appeal is regarding the liability of the insurance company. The learned counsel for the insurance company had made available before me M.A.C.A. 1986 OF 2010 -:2:- for perusal a copy of the written statement and he had also produced a copy of the policy relating to the vehicle in which the claimant was travelling. The insurance company has taken a definite contention that the vehicle is covered by an Act only policy and the policy also shows that it is a liability only policy. Since the accident had taken place on account of the negligence of the rider in which the claimant was travelling as a pillion rider the question of an Act only policy looms large and in the light of the decision of the Hon'ble Supreme Court in Tilak Singh's case [United India Insurance Co. Ltd. v. Tilak Singh)2006 (2) KLT 884(SC) the pillion rider cannot be covered under an Act only policy. Therefore the finding of the Tribunal casting the liability on the insurance company is incorrect and therefore M.A.C.A. 1986 OF 2010 -:3:- the insurance company has to be exonerated from the liability and the amount has to be recovered by the claimant from respondents 1 and 2 in the claim petition jointly and severally. 3. In the result the MACA is allowed and the insurance company is exonerated from the liability and the claimant is given liberty to proceed against respondents 1 and 2 in the claim petition for realisation of the amount awarded jointly and severally. M.N. KRISHNAN, JUDGE. ul/-