IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN FRIDAY, THE 26TH MARCH 2010 / 5TH CHAITHRA 1932 MACA.No. 2494 of 2009() ----------------------- OPMV.1845/2002 of MOTOR ACCIDENT CLAIMS TRIBUNAL, THRISSUR .................... APPELLANT(S): 3RD RESPONDENT: ------------------------------------------------------- UNITED INDIA INSURANCE CO.LTD., THRISSUR. BY ADV. MR.P.V.JYOTHI PRASAD RESPONDENT(S): PETITIONER AND RESPONDENTS 1 AND 2: ------------------------------------------------------------------------------------------- 1. SIVANANDAN,AGED 44 YEARS, S/O.NARAYANAN, PARAMEL HOUSE, LALOOR, ARANATTUKARA P.O., THRISSUR DISTRICT. 2. ASOKAN, AGED 43 YEARS, S/O.KOCHUNNI, KOLATH HOUSE, PADINJATTUMURI, CHERPU P.O., THRISSUR. 3. VARGHESE K.A., S/O.ANTONY, KANJIRATHINGAL HOUSE, P.O.VELUTHUR, THRISSUR. THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 26/03/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: KSS ORDER ON I.A.NO.2912/2009 IN MACA NO.2494/2009 DISMISSED 26/03/2010 SD/- M.N.KRISHNAN, JUDGE /TRUE COPY P.A.TO JUDGE Kss M.N. KRISHNAN, J. = = = = = = = = = = = = = = M.A.C.A. NO. 2494 OF 2009 = = = = = = = = = = = = = = = Dated this the 26th day of March, 2010. 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)1845/02. The claimant, a pillion rider, sustained injuries in a road accident and the Tribunal has awarded a compensation of Rs.48,380/- and the insurance company was made liable to pay. The insurance company moved an application for review as I.A.8690/06 which was dismissed by the Tribunal after perusing the document. The Tribunal found that a premium of Rs.153/- is received and the basic premium for covering the risk of third party under ordinary circumstance is only Rs.77/- and therefore in the absence of contentions the review petition was dismissed. The insurance company has not taken up the contention of an Act only policy in the case but in the light of the review petition that also becomes an issue for consideration. So it is desirable that the said point is considered by the Tribunal whether it is an Act only M.A.C.A. 2494 OF 2009 -:2:- policy or not. Then by virtue of the dictum laid down in Tilak Singh's case [United India Insurance Co. Ltd. v. Tilak Singh)2006 (2) KLT 884(SC) the insurance company cannot be saddled with the liability for the reason that the pillion rider is only having the status of a gratuitous passenger in a vehicle. But the matter requires consideration at the hands of the Tribunal. Therefore the award under challenge without disturbing the quantum fixed is set aside and the matter is remitted back to the Tribunal with permission to the insurance company to incorporate the plea of an Act only policy in the written statement and then produce necessary documentary as well as oral evidence in support of that contention. Needless to say the other party can also raise contentions. Since others have not entered appearance before this Court the insurance company on appearance before the Tribunal is directed to take out notice so that all can be heard before disposing of the matter. Parties are directed to appear before the Tribunal on 26.4.2010. M.N. KRISHNAN, JUDGE. ul/-