IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN TUESDAY, THE 30TH SEPTEMBER 2008 / 8TH ASWINA 1930 MACA.No. 1975 of 2006() ----------------------- (AGAINST THE INTERIM AWARD DATED 23/03/2006 PASSED IN OPMV.1163/2005 of MOTOR ACCIDENT CLAIMS TRIBUNAL, TRIVANDRUM) .................... APPELLANT(S):/3RD RESPONDENT IN THE OP(MV) ------------------------ THE DIVISIONAL MANAGER, M/S.NATIONAL INSURANCE COMPANY LIMITED, DIVISIONAL OFFICE, COTTON HILL, VAZHUTHACAUD, THIRUVANANTHAPURAM-14, REPRESENTED BY ITS MANAGER, MOTOR THIRD PARTY CLAIM SECTION, AJAY VIHAR, M.G. ROAD, ERNAKULAM. BY ADV. SRI.LAL GEORGE RESPONDENT(S) / PETITIONER AND RESPONDENTS 1 & 2 IN THE OP(MV) --------------- 1. SHAIJU HUSSAIN (MINOR) S/O.SAINUDEEN, KALLAMPOTTAVEEDU, MANCHADIMOODU, PTP NAGAR WARD, PEROORKADA VILLAGE, VATTIYORKAVU P.O., TRIVANDRUM. REP. BY HIS FATHER SAINUDEEN, RESI:KALLAMPOTTAVEEDU, MANCHADIMOODU, PTP NAGAR WARD, PERROKADA VILLAGE, TRIVANDRUM. 2. A. ARIEF, S/O.ABDUL SALAM, CHANDINI, PULINTHARAM, T.C.48/1484, PARAVANKUNNIL, POONTHURA P.O., THIRUVANANTHAPURAM. 3. SULAIMAN M.Y., S/O.MOHAMMED YOOSUF, T.C.48/439, PAZHAYATHERUVU, AMBALATHRA, THIRUVANANTHAPURAM. THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 30/09/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: MACA NO.1975/2006 ORDER ON I.A.NO.2200/06 IN MACA NO.1975/06. DISMISSED. 30/09/2008 SD/- (M.N.KRISHNAN, JUDGE) //TRUE COPY// PA TO JUDGE. jg M.N.KRISHNAN, J. ------------------------- M.A.C.A.No.1975 of 2006 --------------------------------- Dated, this the 30th day of September, 2008 J U D G M E N T This appeal is preferred against the award of the Motor Accidents Claims Tribunal, Thiruvananthapuram in O.P.(M.V.) No.1163/2005. It is a preliminary award passed under Section 140 of the Motor Vehicles Act. It is contended by the Insurance Company that the claimant in the case is a pillion rider and the vehicle involved is only issued with a policy i.e. act only policy, which does not cover the risk of a pillion rider. Going by the dictum laid down in United India Insurance Co.Ltd. Vs. Tilak Singh, reported in 2006(2) KLT 884, the status of a pillion rider in a vehicle, where only act only policy is issued, is equivalent to that of a gratuitous passenger and therefore, is not covered by the policy. Even under Section 140 of the Motor Vehicles Act, when there is a contention regarding total exoneration of the liability by the Insurance Company, it has to be considered before affixing liability on it. Now, a written statement is filed and therefore, I feel the best course will be to set aside the M.A.C.A.No.1975/2006 -2- preliminary award passed by the Tribunal and direct the Tribunal to dispose of the main case itself within a period of two months from the date of receipt of a copy of this judgment. Till such disposal, the amount deposited in Court will be kept in Court deposit and ultimately, it can be disbursed to the person who is entitled to it. The M.A.C.A. is disposed of as above. The registry shall issue a copy of this judgment to the Motor Accident Claims Tribunal, Thiruvananthapuram for compliance. (M.N.KRISHNAN, JUDGE) jg