IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN FRIDAY, THE 14TH NOVEMBER 2008 / 23RD KARTHIKA 1930 MACA.No. 1983 of 2006(D) --------------------------------- OPMV.335/2002 of MOTOR ACCIDENT CLAIMS TRIBUNAL, MUVATTUPUZHA .................... APPELLANT/3RD RESPONDENT : -------------------------------------- UNITED INDIA INSURANCE COMPANY LTD., REP. BY ITS ASST.MANAGER, REGIONAL OFFICE, SHARANYA, HOSPITAL ROAD, KOCHI-11. BY ADV. SRI.P.R.RAMACHANDRA MENON RESPONDENTS/PETITIONER & RESPONDENTS 1 & 2 RESPECTIVELY : ------------------------------------------------------------------------------------- 1. BABU.M.K., S/O.KUNJAN, AGED ABOUT 29 YEARS, KODUMPURATH HOUSE, IRUMPANAMKARA, THIRUVANKULAM VILLAGE. 2. SHYMA.P.K., W/O.SHAJI MON, ARIMBASSERY HOUSE, MALAYIDAMTHURUTHU P.O., EDATHALA, VAZHAKULAM VILLAGE. * 3. MUHAMMED IQUBAL, S/O.A.K.PAREED, DO. ADV. SRI.SHAJI P.CHALY - R1 * THE NAME OF THE 3RD RESPONDENT IS DELETED FROM THE PARTY ARRAY, AT THE RISK OF THE APPELLANT VIDE ORDER DATED 09.01.2008 ON I.A.3047 OF 2007 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 14/11/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: MACA.No. 1983 of 2006(D) ORDER ON I.A.NO.2206 OF 2006 IN M.A.C.A.NO.1983 OF 2006 DISMISSED 14.11.2008 SD/- M.N.KRISHNAN, JUDGE -TRUE COPY- P.A. TO JUDGE pac M.N. KRISHNAN, J ----------------------- M.A.C.A.No. 1983 OF 2006 --------------------------------- Dated this the 14th day of November, 2008 JUDGMENT This appeal is preferred against the award of the Motor Accident Claims Tribunal, Muvattupuzha in O.P.(MV) No.335/02. The claimant has been awarded a compensation of Rs. 88,800/- and the Insurance Company is directed to pay the amount. It is against that decision the Insurance Company has come up in appeal. It is contended by the Insurance Company that the claimant was only a pillion rider in a vehicle. The policy issued was only an Act only policy. So it is contented that in the light of the decision in United India Insurance Co. Ltd. v. Tilak Singh [2006 (4) SCC 404] , the Insurance Company is not bound to pay. The provisions and principles were considered by the apex court in New India Assurance Co. Ltd. v. Asha Rani [2003 (1) KLT 165 (SC)] as well as in United India Insurance Co. Ltd. v. Tilak Singh [2006 (4) SCC 404] case. In Tilak Singh's case the apex court had held that when the policy issued is only an Act only policy, it does not statutorily cover the risk of the passenger under Section 147 of the Motor Vehicles Act. Then referring to the dictum M.A.C.A.No. 1983/2006 -2- in Asha Rani's case held that the status of a pillion rider will be that of a gratuitous passenger as is found in Asha Rani's case and so they will not be covered by the terms and conditions of an Act only policy unless additional premium is paid for the pillion rider. Here I have perused the policy which is only an Act only policy. There is no additional premium collected. So applying the dictum laid down in Tilak Singh's case it has to be held that the Insurance Company is not bound by the contract of Insurance to indemnify the insured. Therefore the finding of the Tribunal directing the Insurance company to pay the amount is set aside and the claimant is given liberty to realise the amount from respondents 1 and 2 jointly and severely. If any amount is deposited by the Insurance Company, that shall be returned back to them and if any amount has been disbursed to the claimant the Insurance Company will have the recovery right from the owner with respect to that amount from the owner of the vehicle. The M.A.C.A is disposed of accordingly. M.N. KRISHNAN,JUDGE vkm