IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.N.RAMACHANDRAN NAIR & THE HONOURABLE MR. JUSTICE HARUN-UL-RASHID TUESDAY, THE 16TH DECEMBER 2008 / 25TH AGRAHAYANA 1930 MACA.No. 270 of 2004() ---------------------- OPMV.916/1999 of MOTOR ACCIDENT CLAIMS TRIBUNAL, MUVATTUPUZHA .................... APPELLANT/CLAIMANT: -------------------------- SHANTLY AUGUSTIN, S/O.AUGUSTHY, POTHANIKATTU HOUSE, MALAYINKEEZHU, KOTHAMANGALAM.P.O., KOTHAMANGALAM. BY ADV. SRI.T.MADHU SRI.P.BALAKRISHNAN RESPONDENTS/RESPONDENTS IN THE O.P: ----------------------------------------------- 1. SHALVI, S/O.AUGUSTHY, POTHANICKATTU HOUSE, MALAYINKEEZHU, KOTHAMANGALAM.P.O., KOTHAMANGALAM. 2. JAYAKUMAR, KANDOOR HOUSE, EDAPPALLY NORTH.P.O., ERNAKULAM. 3. THE ORIENTAL INSURANCE COMPANY LTD., ELENGICAL PLAZA, KOTHAMANGALAM, ERNAKULAM. R3 BY ADV. SRI.M.JACOB MURICKAN, SC. THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 16/12/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: C .N. RAMACHANDRAN NAIR & HARUN-UL-RASHID, JJ. -------------------------------------------- M.A.C.A. No. 270 OF 2004 -------------------------------------------- Dated this the 16th day of December, 2008 JUDGMENT Ramachandran Nair,J. Appeal is filed challenging the order of the MACT dismissing claim petition filed by the appellant for compensation for the injury sustained by him in a road accident. We have heard counsel appearing for the appellant and standing counsel appearing for the insurance company. MACT, based on Ext.B1, FI Statement furnished by the appellant to the police, found that he was the registered owner of the bike permitted to be driven by his brother, who only had licence to drive the same. The appellant as pillion rider sustained injuries on account of capsize of the bike. Alleging negligence on the rider- brother, appellant claimed compensation which was turned down by the MACT on the ground that appellant, as registered owner, is not entitled to compensation under an Act policy. Besides this, counsel for the insurance company submitted that by virtue of decision of Supreme MACA : 270/04 2 Court in TILAK SINGH's case, gratuitous passenger in a bike is not entitled to claim compensation from the insurer under an Act policy. Even though counsel contended that appellant was not registered owner at the time of the accident, no document is produced to prove his claim even in the appeal before us. Moreover appellant himself admitted in the FI statement given before police that he was the registered owner of the bike at the time of the accident. In the circumstances, we do not find any ground to interfere with the order of the MACT. Appeal is consequently dismissed. (C.N.RAMACHANDRAN NAIR) Judge. (HARUN-UL-RASHID) Judge. kk MACA : 270/04 3