IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.N.RAMACHANDRAN NAIR & THE HONOURABLE MR. JUSTICE HARUN-UL-RASHID TUESDAY, THE 7TH OCTOBER 2008 / 15TH ASWINA 1930 MACA.No. 22 of 2006() --------------------- OPMV.189/2001 of MOTOR ACCIDENT CLAIMS TRIBUNAL, MUVATTUPUZHA .................... APPELLANT(S): APPELLANT/PETITIONER: ----------------------------------- SAJU JOHN, S/O. YOHANNAN, RESIDING AT PANDARACHERIL HOUSE, MANEEDU P.O., CHEERAKATTUPARA. BY ADV. SMT.ANNIE PAUL SRI.PHILIP J.VETTICKATTU RESPONDENT(S): RESPONDENTS: --------------------------- 1. SAJEEVAN N.G., S/O.GOVINDANKUTTY, NJARACKAL HOUSE, MAMALA P.O., THIRUVANIYOOR. 2. SAJU, S/O. VARGHESE, MYKATTIL HOUSE, THIRUVANIYOOR, VENMANI, MAMALA. 3. THE BRANCH MANAGER, THE ORIENTAL INSURANCE CO. LTD., ALWAYE. R2 BY ADVS. SRI.P.S.NANDANAN SRI.B.SABU SRI.P.N.ANOOP R3 BY ADV. SRI.GEORGE CHERIAN (THIRUVALLA) THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 07/10/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: C .N. RAMACHANDRAN NAIR & HARUN-UL-RASHID, JJ. -------------------------------------------- M.A.C.A. No. 22 OF 2006 -------------------------------------------- Dated this the 7th day of October, 2008 JUDGMENT Ramachandran Nair,J. Appeal is filed against the award of the MACT dismissing a claim petition filed by the appellant for compensation for injuries sustained by him. The appellant's case that he was a pillion rider and his brother in law was riding the motor-bike at the time of the accident is not believed by the MACT because strangely the rider was not the person who took the appellant to the hospital for treatment. Besides this, the statement given by the appellant in the hospital only shows that injury is on account of fall from the motor-bike. We do not think there is any scope for interference with the Tribunal's award because even if appellant's case that he was a pillion rider is accepted, the insurance company is not bound to pay compensation to a passenger in a private vehicle because Supreme Court in UNITED INDIA INSURANCE COMPANY LTD. V. TILAK SINGH, (2006) 2 K.L.T. 884 (SC) held so. Appeal is consequently dismissed. (C.N.RAMACHANDRAN NAIR) Judge. (HARUN-UL-RASHID) Judge. kk