IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN MONDAY, THE 29TH SEPTEMBER 2008 / 7TH ASWINA 1930 MACA.No. 1958 of 2006(D) ----------------------- OPMV.1306/2001 of MOTOR ACCIDENT CLAIMS TRIBUNAL, MANJERI .................... APPELLANT/3RD RESPONDENT IN OP(MV): -------------------------------------------------- UNITED INDIA INSURANCE CO. LTD., MALAPPURAM BRANCH, REPRESENTED BY THE ASSISTANT MANAGER, OFFICE OF THE REGIONAL MANAGER, UNITED INDIA INSURANCE CO. LTD., HOSPITAL ROAD, ERNAKULAM. BY ADV. SRI.M.A.GEORGE RESPONDENTS/ PETITIONER & RESPONDENTS 1,2 & 4 IN OP(MV): ---------------------------------------------------------- 1. KALANGOTTIL ASHMAR, S/O.MUHAMMED ALI, CHOYAKKAD HOUSE, KONDOTTY POST, MALAPPURAM DIST. 2. SHAJI @ SULFIKAR NENDOLY, S/O.MOOSA.N., AMINA MANZIL, KONDOTTY POST, MALAPPURAM DISTRICT. 3. ARSHAD K., KALANGOTTIL HOUSE, KONDOTTY, MALAPPURAM DISTRICT. 4. V.K.ASHRAF, S/O.MOIDEEN KOYA, VELLIYAMKAKKALIUM, P.O. THALAKADATHUR, KOZHIKODE DISTRICT. THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 29/09/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: M.A.C.A.NO. 1958/2006 ORDER ON I.A.NO. 2183/2006 IN M.A.C.A.NO. 1958/2006 DISMISSED. SD/- M.N. KRISHNAN, JUDGE 29/09/2008 /TRUE COPY/ P.A. TO JUDGE. vkm M.N.KRISHNAN, J. -------------------------- M.A.C.A. No. 1958 OF 2006 --------------------- Dated this the 29th day of September, 2008 JUDGMENT This appeal is preferred against the award passed by the Motor Accident Claims Tribunal, Manjeri, in OP(MV) 1306/01. The claimant, who was a pillion rider, sustained injuries in a road accident. 2. The Insurance Company has raised a contention that the policy was only an Act only policy and it does not cover the liability of a pillion rider. Learned counsel for the Insurance Company submits before me that since the policy has not been produced before the Tribunal, the Tribunal did not have an opportunity to consider that question at all. It is a matter that requires consideration. Therefore, I set aside the award passed by the Tribunal and remit the case back to the Tribunal for fresh consideration. The Insurance Company is directed to produce copy of the policy, let in evidence in support of its contention. I also make it clear that the Insurance Company shall take notice to the owner of the vehicle after it enters appearance before the Tribunal so that the owner can also be heard before a final decision is taken in the matter. Parties are directed to appear before the Tribunal on 10.11.08. M.N.KRISHNAN, JUDGE vps 2