IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN THURSDAY, THE 7TH JANUARY 2010 / 17TH POUSHA 1931 MACA.No.1518 of 2008 --------------------------- AGAINST THE ORDER DATED 04/09/2007 IN IA 7211/06 IN OPMV.267/2002 of MOTOR ACCIDENTS CLAIMS TRIBUNAL, THRISSUR .................... APPELLANT/3RD RESPONDENT: ----------------------------------- THE NEW INDIA ASSURANCE CO.LTD., REP. BY ITS DY.MANAGER REGIONAL OFFICE. M.G.ROAD, KOCHI - 11. BY MS.RAJI T.BHASKAR, ADVOCATE. RESPONDENTS/PETITIONER & RESPONDENTS 1 & 2: ----------------------------------------------------------- 1. SIJO J.THATTIL, S/O.T.V.JOSE, THATTIL HOUSE ANGADI KADAVU, ANGAMALI PO., ERNAKULAM. 2. C.K.ANTONY, S/O.KURIAKKU CHIRAYATH MANJIYIL HOUSE OLLUKKARA PO., THRISSUR TALUK. 3. JUSTIN DAVIS, S/O.DAVIS PATRAMBIN VEETTIL HOUSE AMBAKKADAN DESOM, PUZHAKKAL VILLAGE THRISSUR. BY MR.DILIP J. AKKARA, ADVOCATE, FOR R1 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 07/01/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: M.N.KRISHNAN,J =========================== M.A.C.A.No.1518 of 2008 =========================== Dated this the 7th day of January, 2010 JUDGMENT This appeal is preferred against the award of the Claims Tribunal, Thrissur, in O.P.(M.V).No.267/2002. The claimant a pillion rider sustained injuries in a road accident. The tribunal awarded him a compensation and directed the Insurance Company to pay the amount. The Insurance company moved an application for review stating that the policy does not cover the risk of the pillion rider. The short point that arises for determination is whether the Insurance Company is bound to pay or not. As per the dictum laid down in Thilak Singh's case [(2006) 4 SCC, 404] it is fairly well settled that the status of a person travelling in a two wheeler as a pillion rider is that of a gratuitous passenger and if the vehicle is covered only by a statutory policy it will not cover the risk of such person. Unfortunately, the Insurance Company did not produce the policy most probably because of the previous decision on the point. Now the position is well settled by the law of the Apex Court and therefore the matter requires reconsideration. M.A.C.A.No.1518/2008 2 Therefore, I set aside the award in so far as it relates to the inter se liability between the owner and the Insurance Company is concerned and the Insurance Company is directed and permitted to produce documentary as well as the oral evidence in support of the contention and the court shall decide whether the policy covers the risk of the pillion rider. Since the owner has not appeared before this Court and as he will be most affected party, the Insurance Company shall take notice of the owner. The claimant if he choses, may also adduce evidence in support of his contention. Parties are directed to appear before the tribunal on 18.02.2010. M.N.KRISHNAN, JUDGE dvs