IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN MONDAY, THE 3RD NOVEMBER 2008 / 12TH KARTHIKA 1930 MACA.No. 1091 of 2007() ----------------------- OPMV.133/2002 of MOTOR ACCIDENT CLAIMS TRIBUNAL, MANJERI .................... APPELLANT/1ST RESPONDENT --------------------------------------- UNITED INDIA INSURANCE COMPANY LTD., REP. BY ITS ASST. MANAGER, REGIONAL OFFICE, SHARANYA, HOSPITAL ROAD, KOCHI-11. BY ADV. SRI.P.R.RAMACHANDRA MENON RESPONDENTS/ PETITIONER & RESPONDENTS 2 & 3 RESPECTIVELY ----------------------------------------------------------- 1. GEETHA P., W/O. VASUDEVAN K., PAYANAI HOUSE, CHOKKAD P.O., NILAMBUR (VIA), MALAPPURAM DISTRICT. 2. N.K.MANI, KALAPPARAMBIL HOUSE, ODANNUR, PARLI, PALAKKAD DISTRICT. 3. K.VASUDEVAN, S/O. RAGHAVAN NAIR, KANDATHIL HOUSE, CHOKKAD P.O., MALAPPURAM DIST. THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING COME UP FOR ADMISSION ON 03/11/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: MACA No. 1091/07 ORDER ON IA No. 1233/07 IN MACA No.1091/07 DISMISSED 3.11.08 SD/- M.N.KRISHNAN, JUDGE /TRUE COPY/ PA TO JUDGE. M.N.KRISHNAN, J. -------------------------- M.A.C.A No. 1091 OF 2007 --------------------- Dated this the 3rd day of November, 2008 JUDGMENT This appeal is preferred against the award passed by the Motor Accident Claims Tribunal, Manjeri, in OP(MV) 133/02. The claimant sustained injuries in a road accident while she was travelling as a pillion rider. Para.3 of the award shows that there is a contention raised by the Insurance Company that the policy issued is only an Act only policy and therefore passengers are not at all covered under the said policy. Unfortunately, no issue is seen raised on the basis of that pleading and no decision is taken on that contention. The Insurance Company would contend that being an Act only policy and as no additional premium is collected for coverage of the passenger in the light of the dictum laid down in United India Insurance Co. Ltd. v. Tilak Singh [2006 (4) SCC 404] the Insurance Company is not liable to pay the amount. It is a point that requires consideration by the Tribunal on production of the policy as well as the conditions of the policy. MACA No. 1091/07 2 Therefore, the award under challenge is set aside and the matter is remitted back to the Tribunal with a direction to frame appropriate issues regarding the liability of the Insurance Company. Insurance Company is directed to produce the policy along with the conditions. After permitting the parties to produce evidence, if they want, the Tribunal shall dispose of the matter in accordance with law. Since the owner has not personally appeared either by himself or through lawyer before this court, the Insurance Company on its appearance before the Tribunal shall take out notice to the owner again so that the matter can be heard and disposed of in his presence. Parties are directed to appear before the Tribunal on 17.12.08. M.N.KRISHNAN, JUDGE vps MACA No. 1091/07 3