IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN TUESDAY, THE 22ND SEPTEMBER 2009 / 31ST BHADRA 1931 MACA.No. 1516 of 2008(C) ----------------------------------- OPMV.3110/2001 of MOTOR ACCIDENT CLAIMS TRIBUNAL, THRISSUR .............................................. APPELLANT(S): 3RD RESPONDENT ------------------------------------------------- NATIONAL INSURANCE CO.LTD., REP. BY ITS MANAGER, REGIONAL OFFICE 3RD PARTY WING, OMANA BUILDING, PADMA JN, KOCHI-35. BY ADV. SMT.RAJI T.BHASKAR RESPONDENT(S): PETITIONERS AND RESPONDENTS 1 & 2 ----------------------------------------------------------------------------------- 1. SUDHEESH, AGED 33 YEARS S/O.PRABHAKARAN, CHETTUPUZHA VEETTIL VELANISSERY DESOM, MADAKKANTHARA VILLAGE POST THRISSUR. 2. SURESH.P.V., S/O.VIJAYAN PALLIMAKKAL HOUSE, KURIACHIRA PO., THRISSUR. 3. BIJU.T.P., S/O.PAILY THEKKETHOTTIYIL HOUSE, MEKKADAMPU PO., MUVATTUPUZHA, ERNAKULAM. ADV. SRI.BABY KURIAKOSE SRI.P.VIJAYAKUMAR FOR R3 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING COME UP FOR ADMISSION ON 22/09/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: M.N. KRISHNAN, J. = = = = = = = = = = = = = = M.A.C.A. NO. 1516 OF 2008 = = = = = = = = = = = = = = = Dated this the 22nd day of September, 2009. J U D G M E N T This appeal is preferred against the award of the Motor Accidents Claims Tribunal, Thrissur in O.P.(MV)3110/01. The claimant, a pillion rider in a motorcycle sustained injuries in a road accident and the Tribunal awarded a compensation of Rs.26,350/- and made the insurance company liable on the basis of Ext.B1 and it is on that count the appeal is preferred by the insurance company challenging the said finding. Learned counsel for both the sides heard. It can be seen from the copy of the policy that it is only an Act only policy wherein Rs.77/- is paid as basic premium for third party and Rs.15.75 for P.A. to two passengers and Rs.50 for unlimited coverage of third party property damages. The Tribunal took the view that the payment of Rs.15.75 for P.A. to two passengers will cover the risk of property. As seen from the various conditions of the insurance policy and the coverage M.A.C.A. 1516 OF 2008 -:2:- this P.A. is granted to cover the death or a serious permanent disability of the persons travelling in the vehicle and that too to a restricted amount of Rs.10,500/-. Or in other words in order to get coverage on the basis of the premium paid to P.A. the person involved should have suffered death or permanent disability as envisaged under the conditions. A perusal of the award would reveal that there is no such permanent disability for the claimant at all. Therefore the payment of Rs.15.75 as premium to P.A. does not cover the case of the pillion rider. Since the policy is only an act only policy and as no additional premium is collected for the pillion rider and as the status of the pillion rider is that of gratuitous passenger applying the dictum laid down in Tilak Singh's case [United India Insurance Co. Ltd. v. Tilak Singh)2006 (2) KLT 884(SC) the claimant is not entitled to be covered by the policy. Therefore the finding of the Tribunal directing the insurance company to pay the compensation is set aside. The insurance company M.A.C.A. 1516 OF 2008 -:3:- is exonerated from the liability and the claimant is entitled to realise the amount from respondents 1 and 2 in the claim petition who are driver and owner jointly and severally. M.N. KRISHNAN, JUDGE. ul/-