IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE J.B.KOSHY & THE HONOURABLE MRS. JUSTICE K.HEMA MONDAY, THE 7TH JANUARY 2008 / 17TH POUSHA 1929 MACA.No. 1706 of 2006 -------------------------------- (OP(MV) 1837/2002 OF MOTOR ACCIDENT CLAIMS TRIBUNAL, PERUMBAVOOR) ....................................... APPELLANT/CLAIMANT: ---------------------------------- MEERAN, S/O.SIKKANDAR VAVA, HOUSE NO.47/A XII, KOTHUVAPALLY, CHENKOTTU TALUK, THENKASY DISTRICT, TAMIL NADU RESIDING AT PADINJARECHALIL HOUSE, MOOVATTUPUZHA. BY ADV. SRI.M.P.MOHAMMED ASLAM RESPONDENTS/RESPONDENTS ---------------------------------------------- 1. THE MANAGING PARTNER, CENTRAL TRADERS, 42/1629, MARKET ROAD, KOMBARA, KOCHI-14, ERNAKULAM DISTRICT. 2. AFSAL P.E., S/O. EBRAHIM, PADINJARECHALIL HOUSE, VALLOORKUNNAM VILLAGE, PERUMATTOM KARA, MUVATTUPUZHA, ERNAKULAM DISTRICT. 3. M/S. ORIENTAL INSURANCE COMPANY LTD., DIVISIONAL OFFICE, T.H. TOWERS, MUVATTUPUZHA, ERNAKULAM DISTRICT. BY THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING COME UP FOR ADMISSION ON 07/01/2008,THE COURT ON THE SAME DAY PASSED THE FOLLOWING: J.B.KOSHY & K.HEMA, JJ. -------------------------------------- M.A.C.A.No.1706 OF 2006 ------------------------------------- Dated 7th January, 2008 JUDGMENT Koshy,J . Appellant/claimant while travelling as a second pillion rider met with an accident. He fell down from the motor cycle when the rider applied sudden brake. The Tribunal rejected the application for compensation as in the motor cycle there were three persons including the rider, the appellant was the second pillion rider and the accident occurred due to his negligence. Being the second pillion rider, when sudden brake was applied, he fell down. Even otherwise, pillion riders are not covered by the insurance policy. In any event, we are of the view that the finding of the Tribunal that the accident occurred due to the negligence of the appellant needs no interference. The appeal is dismissed. J.B.KOSHY JUDGE K.HEMA JUDGE tks