IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN TUESDAY, THE 3RD OCTOBER 2006 / 11TH ASWINA 1928 MFA.No. 1376 of 1997() ---------------------- OPMV.2868/1995 of MOTOR ACCIDENT CLAIMS TRIBUNAL, MUVATTUPUZHA .................... APPELLANT: -------------------- THE BRANCH MANAGER, THE ORIENTAL INSURANCE COMPANY LIMITED, MUVATTUPUZHA, NOW REPRESENTED BY ITS ADMINISTRATIVE OFFICER, MOTOR THIRD PARTY CLAIMS CELL, M.G.ROAD, KOCHI-682 035. BY ADV. SRI.MATHEWS JACOB RESPONDENTS: ------------------------ 1. SANTHOSH, S/O.GOPINATHAN, VILAYALIL HOUSE, KADAVOOR KARA, POTHANICADU VILLAGE, NOW RESIDING AT VILAYALIL HOUSE, EAST VAZHAPPILLY, VELLOORKUNNAM VILLAGE, MUVATTUPUZHA. 2. BIJOY, S/O.JOSEPH, KARAVATTUPUNNAMATTATHIL HOUSE, PANDAPPILLY KARA (.P.O.) ARAKUZHA VILLAGE, MUVATTUPUZHA. 3. PRADEEP, S/O.BALAKRISHNAN NAIR, VIJAYA MANDIRATHIL HOUSE, MUDAVOOR KARA, VELLOORKUNNAM VILLAGE, MUVATTUPUZHA. BY ADV. SRI.K.V.RAJU THIS MISC. FIRST APPEAL HAVING BEEN FINALLY HEARD ON 03/10/2006, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Thottathil B. Radhakrishnan, J. =================================== M.F.A.No.1376 of 1997 =================================== Dated this the 3rd day of October, 2006. JUDGMENT This appeal is by the third respondent insurer in a claim petition before the M.A.C.T., Muvattupuzha. The vehicle involved is a motor cycle and the claimant is a pillion rider. The Tribunal found that he is entitled to compensation and that the owner and driver are jointly and severally liable. Overruling the contentions of the appellant insurer that the policy does not cover a pillion rider, it was held in the decision of this Court in United India Insurance Co.Ltd. v. Appukuttan (1995 (1) KLT 807) that the pillion rider is entitled to the compensation to be paid by the insurer and that the insurer is liable to satisfy the award. However, the liability is now well settled by the decision of the Apex Court in United India Insurance Co.Ltd. v. Tilk Singh (2006 (2) K.L.T. 884) that an insurer who has only issued an “Act Only” policy in terms of Section 147 of the Motor Vehicles Act, 1988 is not liable to satisfy the award in the -:2:- case of a pillion rider as a result of the motor accident. 2. This appeal is hence allowed modifying the impugned award and directing that the third respondent (appellant) is not liable to satisfy the impugned award while respondents 1 and 2 before the Tribunal are jointly and severally liable to satisfy the impugned award. 3. Since the appellant has deposited certain amounts, it is directed that if the claimants have already withdrawn any portion of the amount in deposit, the reimbursement of such amount will not be from the claimants and the appellant will be entitled to reimbursement of such amounts from the registered owner, among the respondents, in execution of the impugned award as modified by the appellate award. No costs. Thottathil B.Radhakrishnan, Judge. sl. -:3:- Thottathil B. Radhakrishnan, J. =================================== M.F.A.No.1376 of 1997 =================================== JUDGMENT Dated:3-10-2006