IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN TUESDAY, THE 16TH SEPTEMBER 2008 / 25TH BHADRA 1930 MACA.No. 1519 of 2006(A) ----------------------- AGAINST THE ORDER DATED 24/06/2006 IN IA. 880 /2005 IN OP(MV).806/2003 of MOTOR ACCIDENT CLAIMS TRIBUNAL,N. PARAVUR .................... APPELLANT/3RD RESPONDENT ----------------------------------------- THE NATIONAL INSURANCE COMPANY LTD., BRANCH OFFICE, NORTH PARUR. BY ADV. SRI.RAJAN P.KALIYATH RESPONDENTS/CLAIMANT & R1 & R2. -------------------------------- 1. K.N.RAMAKRISHNAN, S/O.NARAYANA KAMMATH, KANGOLIKKAD HOUSE, KIZHAKKAUMPURAM, PRAVUR TALUK, ERNAKULAM DISTRICT, REP BY WIFE SYARA. 2. C.K.SALIM, PANAKKAL HOUSE, KARIMPADAM, CHENDAMANGALAM. 3. SUDHEESHKUMAR, S/O.MANI, PANIKKASSERY HOUSE, CHENDAMANGALAM. BY ADV. SRI.T.K.SHAJAHAN FOR R2 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 16/09/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: M.A.C.A.No. 1519/2006 ORDER IN I.A. NO. 1762/2006 IN M.A.C.A.NO. 1519/2006 DISMISSED. SD/- M.N. KRISHNAN, JUDGE. 16.09.2008 /TRUE COPY/ P.A. TO JUDGE. vkm M.N. KRISHNAN, J. ------------------------------ M.A.C.A. No. 1519 of 2006 ------------------------------ Dated this the 16th day of September, 2008 JUDGMENT This appeal is preferred against the preliminary award passed in OP(MV) No.806/2003 of the Motor Accidents Claims Tribunal, North Paravur. It was an application filed under Section 140 of the Motor Vehicles Act, for compensation on account of the permanent disability. The Tribunal directed the 3rd respondent to deposit the amount. It is against that decision, the Insurance Company has come up in appeal. The respondents in support of notice had chosen to remain absent. The learned counsel would contend, the claimant is a pillion rider and the vehicle is only having an Act Only Policy. In the light of the decision of the Apex Court in Tilak Singh's case, the status of pillion rider is that of a gratuitous passenger and there is no mandate under Section 147 of the Motor Vehicles Act to take compulsory insurance for such persons. It is also a settled position that, when the Insurance Company pleas total exoneration of the liability, it is a matter that has to be considered even after passing a preliminary award under Section M.A.C.A. No. 1519 / 2006 2 140 of the Motor vehicles Act. Therefore, the preliminary award passed by the court below is set aside and the Tribunal is directed to consider the claim application itself on merit and dispose of it on merit, after hearing all concerned including the question of the coverage of the pillion rider in the case. The amount which is already in deposit, if not disbursed shall remains undisbursed, till a final decision is taken on the matter. The Tribunal is directed to dispose of the matter within a period of 2 months from the date of receipt of the copy of this judgment. M.N. KRISHNAN, JUDGE scm