IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN MONDAY, THE 8TH FEBRUARY 2010 / 19TH MAGHA 1931 MACA.No. 990 of 2008() --------------------------------- OPMV.1769/2001 of MOTOR ACCIDENT CLAIMS TRIBUNAL, IRINJALAKUDA .................... APPELLANT(S): APPELLANT: 2ND RESPONDENT ------------------------- THE ORIENTAL INSURANCE COMPANY LIMITED, KODUNGALLUR NOW REPRESENTED BY ITS ASSISTANT MANAGER, REGIONAL OFFICE, METRO PALACE, KOCHI-18. BY MR.MATHEWS JACOB, SENIOR ADVOCATE BY ADV. MR.P.JACOB MATHEW RESPONDENT(S): PETITIONER AND RESPONDENTS 1 & 3 --------------------------- 1. PAVITHRAN, S/O.ARUMUGHAN, PARAPPICHANPARAMBIL HOUSE, PULLOOT P.O., KODUNGALLUR. 2. NAMSAD, S/O.MAMMAD, PALLIKAVALIYAVEETTIL HOUSE, T.K.S.PURAM, KODUNGALLUR. 3. K.MOHANAN, MAHALAKSHMI BAKERY, PANCHITHAN TEMPLE ROAD, COCHIN. THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 08/02/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: tss M.N. KRISHNAN, J. = = = = = = = = = = = = = = M.A.C.A. NO. 990 OF 2008 = = = = = = = = = = = = = = = Dated this the 8th day of February, 2010. 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)1769/01. The claimant, a pillion rider, sustained injuries in a road accident and he has been awarded a compensation of Rs.12,000/- with 7% interest. The insurance company was also made liable to pay the amount. It is challenging that decision the insurance company has come up in appeal. 2. The short point that arises for determination is regarding the liability of the insurance company. Admittedly by going through the award it can be seen the policy issued is only an Act only policy. When it is an Act only policy the status of a pillion rider is that of a gratuitous passenger and by applying 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 may not be held M.A.C.A. 990 OF 2008 -:2:- liable. But the Tribunal held that additional premium is paid for personal accident coverage to a maximum of 2 persons and therefore held that the pillion rider is covered. Personal accident coverage normally is accompanied by conditions such as that has been described in endorsements 64 and 70 of the policy conditions. It is generally seen that such personal accident coverage are only made applicable to those persons on sustainment of death or serious injuries amounting to permanent disablement. If only such conditions are satisfied the persons will be covered by the personal accident coverage. Unfortunately the Tribunal did not apply its mind to that principle nor the insurance company did proceed to explain it to the Tribunal regarding the said conditions. Therefore the matter requires reconsideration at the hands of the Tribunal. Therefore the award under challenge is set aside so far as it relates to the interse liability is concerned and the matter is remitted back to the Tribunal for fresh consideration permitting all concerned to produce documentary as well as oral evidence. The M.A.C.A. 990 OF 2008 -:3:- insurance company on appearing before the Tribunal shall take out notice by paper publication or personal service to the owner so that the matter can be heard and disposed of in the presence of the owner as his right will be affected. Parties are directed to appear before the Court below on 4.3.2010. M.N. KRISHNAN, JUDGE. ul/-