IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN WEDNESDAY, THE 14TH OCTOBER 2009 / 22ND ASWINA 1931 MACA.No. 318 of 2009(G) ---------------------- OPMV.2294/2002 OF MOTOR ACCIDENTS CLAIMS TRIBUNAL, THRISSUR. .................... APPELLANT(S): 3RD RESPONDENT ------------------------------------ THE NEW INDIA ASSURANCE COMPANY LTD, THRISSUR NOW REPRESENTED BY ITS MANAGER,REGIONAL OFFICE, M.G.ROAD, KOCHI-11. BY ADV. SRI.P.JACOB MATHEW RESPONDENT(S): PETITIONER AND RESPONDENTS 1 & 2 ----------------------------------------------------------------- 1. S.RAJESH, S/O.SIVARAMAN, VIYYALI HOUSE, MUDAPALLUR.P.O, ALATHUR TALUK. 2. VINOD, S/O.VISWANATHAN, KOTTIL HOUSE, KUNISSERY, KOOTTALA, PALAKKAD DISTRICT. 3. S.PRABHATH, S/O.SIVANARAYANAN,VIYYALI HOUSE, MUDAPALLUR.P.O, ALATHUR TALUK. ADV. SRI.P.V.CHANDRA MOHAN FOR R1 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 14/10/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: M.N. KRISHNAN, J. = = = = = = = = = = = = = = M.A.C.A. NO. 318 OF 2009 = = = = = = = = = = = = = = = Dated this the 14th day of October, 2009. J U D G M E N T This appeal is preferred against the award of the Motor Accidents Claims Tribunal, Thrissur in O.P.(MV)2294/02. The claimant who sustained injuries in a road accident has been awarded a sum of Rs.41,000/- and the insurance company has been directed to pay the amount. It is against that decision the insurance company has come up in appeal. Unfortunately the Tribunal has not framed appropriate issues in the matter and equally the insurance company has also not produced the copy of the policy for consideration before the Tribunal. In the additional written statement filed by the insurance company there is a contention that as no separate premium is paid for the coverage of the pillion rider in the policy the respondent is not liable to pay any compensation in this case. Learned counsel for the insurance company had shown me a photocopy of the policy wherein it is titled as an Act only policy. If it is an Act only policy then by virtue of M.A.C.A. 318 OF 2009 -:2:- the dictum laid down in Tilak Singh's case [United India Insurance Co. Ltd. v. Tilak Singh)2006 (2) KLT 884 (SC) as the law stands now the insurance company may be entitled to get exoneration from the liability but an opportunity has not been given to the claimant or to the owner to raise their contention and therefore on that point the matter requires reconsideration at the hands of the Tribunal. Therefore the MACA is disposed of by setting aside the order of interse liability and the Tribunal is directed to frame an appropriate issue regarding the liability of the insurance company and permit all parties concerned to produce documentary as well as oral evidence in support of their respective contentions and then dispose of the matter in accordance with law. The insurance company on appearance before the Tribunal is directed to take out summons to the owner and thereafter the matter can be heard and disposed of in his presence. Parties are directed to appear before the Tribunal on 26.11.2009. M.N. KRISHNAN, JUDGE. ul/-