IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN WEDNESDAY, THE 10TH NOVEMBER 2010 / 19TH KARTHIKA 1932 MACA.No. 1393 of 2006() ---------------------- OPMV.620/2003 OF MOTOR ACCIDENT CLAIMS TRIBUNAL, THODUPUZHA ................... APPELLANT / 3RD RESPONDENT : ------------------------------------------------- THE NATIONAL INSURANCE COMPANY LTD., REPRESENTED BY ITS BRANCH MANAGER, PERUMBAVOOR. BY ADV. SRI.RAJAN P. KALIYATH RESPONDENTS / CLAIMANT & R1 & 2 : ------------------------------------------------------- 1. MATHAI, S/O. VARKEY, NELLATTUKUDIYIL HOUSE, MANJAKUZHI KARA, RAJAKUMARI VILLAGE, UDUMBANCHOLA TALUK, IDUKKI DISTRICT. 2. SHAIJAN PHILIP, S/O. MATHEW, THALIYACHIRAYIL HOUSE, RAJAKUMARI SOUTH, RAJAKUMARI VILLAGE. 3. P.J.JOSEPH, CHETTUMKAL HOUSE, CHENDAMANGALAM, NORTH PARAVOOR. R1 BY ADVS. SRI.SAJI MATHEW SMT.MABLE.C.KURIAN THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 10/11/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Mn ...2/- MACA.No. 1393 of 2006() -2- ORDER ON I.A. NO. 1583/2006 & 2262/2006 IN MACA. NO. 1393/2006 DISMISSED 10/11/2010 SD/- M.N. KRISHNAN, JUDGE //TRUE COPY// P.S. TO JUDGE Mn M.N. KRISHNAN, J. = = = = = = = = = = = = = = M.A.C.A. NO. 1393 OF 2006 = = = = = = = = = = = = = = = Dated this the 10th day of November, 2010. J U D G M E N T It is seen that notice is given to the counsel who had appeared before the Tribunal for the owner. The acknowledgment is also produced. 2. This appeal is preferred against the award of the Motor Accidents Claims Tribunal, Thodupuzha in O.P.(MV) 620/03. The claimant, a pillion rider, sustained injuries in a road accident and the Tribunal awarded him a compensation of Rs.33,600/-. The insurance company was made liable. It is against that decision the insurance company has come up in appeal. 3. Heard the learned counsel for the appellant as well as the claimant. The Tribunal in paragraph 15 of the award has stated that the 3rd respondent has contended that the policy issued by them was only an Act only policy and therefore the risk of the pillion rider is not covered. The Tribunal held that the law on the point is settled and directed M.A.C.A. 1393 OF 2006 -:2:- the insurance company to pay the amount. The settled position of law is not as is noted by the Tribunal now. The Hon'ble Supreme Court in Tilak Singh's case [United India Insurance Co. Ltd. v. Tilak Singh)2006 (2) KLT 884(SC) has held that the status of a pillion rider travelling in a two wheeler is that of a gratuitous passenger and not a third party and unless additional premium is paid he is not covered by the policy. Therefore in the light of the enunciated principles when the vehicle is covered by an Act only policy the insurance company cannot be held liable. Therefore the award of the Tribunal fixing the liability on the insurance company is set aside and it is exonerated from the liability. But it is made clear that the claimant can proceed against respondents 1 and 2 in the claim petition jointly and severally for the realisation of the amount. The M.A.C.A. is disposed of accordingly. M.N. KRISHNAN, JUDGE. ul/-