IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN MONDAY, THE 5TH OCTOBER 2009 / 13TH ASWINA 1931 MACA.No. 1765 of 2009() ---------------------------------- OPMV. NOS.3064/2002 of MOTOR ACCIDENT CLAIMS TRIBUNAL, ERNAKULAM .................... APPELLANT/ 3RD RESPONDENT ---------------------------------------------- UNITED INDIA INSURANCE COMPANY LIMITED, TRIPUNITHURA NOW REPRESENTED BY ITS DEPUTY MANAGER, REGIONAL OFFICE, "SHARANYA" HOSPITAL ROAD, KOCHI -11. BY MR.MATHEWS JACOB, SENIOR ADVOCATE ADV. MR.P.JACOB MATHEW RESPONDENTS/PETITIONER & RESPONDENTS 1, 2 & 4 -------------------------------------------------------------------------------- 1. C.M. SHINE, S/O. MOHANAN, CHAVELIPADATHU HOUSE, KARIPPPUZHA, EROOR NORTH P.O. NADAMA VILLAGE, KANAYANNOOR TALUK. 2. SHAJU C.V., S/O. VISWAMBARAN C.S., CHIRAYIL HOUSE, EROOR P.O.TRIPUNITHURA. 3. P.V. PRASAD, S/O.P.K. VASU, PADATH HOUSE, EROOR P.O. TRIPUNITHURA. 4. P.V. SASIKUMAR, S/O. VASUDEVAN, PALAPARATHUVELI, NADAKAVU, UDAYAMPEROOR. BY THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING COME UP FOR ADMISSION ON 05/10/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: MACA.No. 1765 of 2009 ORDER ON I.A. NO.2060/2009 IN MACA NO.1765/2009 CLOSED 05/10/2009. SD/- M.N.KRISHNAN, JUDGE //TRUE COPY// P.A. TO JUDGE rs. M.N.KRISHNAN, J. ........................................... M.A.C.A.NO.1765 OF 2009 ............................................. Dated this the 5th day of October, 2009 J U D G M E N T This is an appeal preferred by the insurance company against the award of the Claims Tribunal in OP(MV) No.3064/2002. The claimant was a pillion rider in a motor bike which met with an accident when it collied with another motor bike resulting in injuries to him. First respondent in the claim petition is the registered owner, second respondent is the driver, 3rd respondent is the insurance company and 4th respondent is the policy holder. 2. The Tribunal found that the accident took place on account of the negligence of the rider in which vehicle the claimant was a pillion rider. The learned counsel for the insurance company had handed over to me a copy of the written statement. In Para-3 it is specifically contended that the policy issued is only an act only policy and that the claimant being a pillion rider, in the light of the dictum laid in Tilak Singh's case the insurance company has to be exonerated from the liability. There is considerable force in : 2 : M.A.C.A.NO.1765 OF 2009 the said contention especially in the backdrop of the analysis of the policy which is made available for perusal. Unfortunately, the learned Tribunal did not consider that contention at all and did not even raise a proper issue in that regard. After going through the award, another contention may have to be looked into this case for the reason that R1 is said to be the owner of the vehicle and R4 is said to be the policy holder of the vehicle. If it is an act only policy, then the insurance company is entitled to total exoneration of the liability. If exonerated, there is no direction can be given to the insurance compnay. Then the question will be who is the owner of the vehicle. It is a matter that also requires consideration at the hands of the Tribunal. 3. Therefore, the award under challenge is set aside and the matter is remitted back to the Tribunal with a direction to raise a proper issue regarding the liability of the insurance company and also regarding the ownership of the vehicle and then after hearing all concerned, pass appropriate orders. Since junction of R1 and R4 in the claim : 3 : M.A.C.A.NO.1765 OF 2009 petition is absolutely necessary, the insurance company is directed to take out notice to them for appearance before the Tribunal. A notice be also given to the claimant so that he can also participate in the trial. Needless to say, all concerned are permitted to adduce both documentary as well as oral evidence in support of their respective contentions. The parties are directed to appear before the Tribunal on 20.11.2009. Disposed of accordingly. M.N.KRISHNAN, JUDGE cl : 4 : M.A.C.A.NO.1765 OF 2009