IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN TUESDAY, THE 14TH OCTOBER 2008 / 22ND ASWINA 1930 MACA.No. 199 of 2005() ---------------------- OPMV.710/1996 of MOTOR ACCIDENT CLAIMS TRIBUNAL, IRINJALAKUDA .................... APPELLANT: 3RD RESPONDENT --------------------- THE ORIENTAL INSURANCE CO.LTD., OFFICE NO.3,EMPIRE HOUSE,IIND FLOOR-214 D.N.ROAD,FORT BOMBAY,REP. BY ITS ADMINISTRATIVE OFFICER,REGIONAL OFFICE,ERNAKULAM NORTH, KOCHI-18. BY ADV. SRI.GEORGE CHERIAN (THIRUVALLA) RESPONDENTS: RESPONDENTS 1 & 2 ----------------------- 1. G.L.GOHIL,C/O. VEERENDRA TRANSPORT COMPANY,101-BHARATH CHAMBER,52C - VELLANGALLUR, THRISSUR DISTRICT. 2. K.K.SAJU,S/O. KOCHAPPAN, KANAMKUDAM HOUSE,P.O.VELLANGALLUR, THRISSUR DISTRICT. THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 14/10/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: M.N. KRISHNAN, J. = = = = = = = = = = = = = = M.A.C.A. NO. 199 OF 2005 = = = = = = = = = = = = = = = Dated this the 14th day of October, 2008. J U D G M E N T This appeal is preferred against the award of the Motor Accidents Claims Tribunal, Irinjalakuda in O.P.(MV)710/96. The claimant, a pillion rider in a two wheeler, sustained injuries in a road accident. He has been awarded a compensation of Rs.28,687/- with 6% interest. Against that the insurance company has come in appeal. 2. The insurance company has raised two contentions, namely, that the driver did not have a valid driving licence and secondly being a pillion rider the claimant is not covered by the policy. Unfortunately, both the contentions are not considered by the Tribunal at all and therefore the matter requires interference. Therefore the award under challenge is set aside and the matter is remitted back to the Tribunal for fresh consideration regarding the validity of the driving M.A.C.A. 199 OF 2005 -:2:- licence as well as the question of coverage of a pillion rider in a two wheeler. Parties are directed to appear before the Tribunal on 25.11.08. The MACA is disposed of accordingly. M.N. KRISHNAN, JUDGE. ul/-