IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN TUESDAY, THE 8TH DECEMBER 2009 / 17TH AGRAHAYANA 1931 MACA.No. 3007 of 2008() ----------------------- OPMV.563/2004 of MOTOR ACCIDENT CLAIMS TRIBUNAL, KOTTAYAM .................... APPELLANT(S): 2ND RESPONDENT: ------------------------------------------------------- NATIONAL INSURANCE COMPANY LTD., REP. BY ITS MANAGER, REGIONAL OFFICE, 3RD PARTY WING, OMANA BUILDING, PADMA JUNCTION, KOCHI -35. BY ADV. SMT.RAJI T.BHASKAR RESPONDENT(S): ADDL.PETITIONERS 1 & 2 (ORIGINAL CLAIMANT YESUDAS BEING NO MORE) AND 1ST RESPONDENT RESPECTIVELY: ------------------------------------------------------ 1. CHINNAMMA, AGED ABOUT 48 YEARS, W/O. LATE YESUDAS P.R., PLANKALA HOUSE, THALAYOLAPARAMPU P.O., VADAYAR VILLAGE. 2. JAMES , AGED ABOUT 27 YEARS, S/O. LATE YESUDAS P.R, DO.... 3. SUNIL AUGUSTINE, PALAKUZHAKUNNEL HOUSE, ANTHINADU P.O., KOTTAYAM. THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 08/12/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss ORDER ON I.A.NO.3474/2008 IN MACA NO.3007/2008 DISMISSED 8/12/2009 SD/- M.N.KRISHNAN, JUDGE /TRUE COPY/ P.A.TO JUDGE Kss M.N. KRISHNAN, J. ........................................... M.A.C.A.No.3007 OF 2008 ............................................. Dated this the 8th day of December, 2009 J U D G M E N T This is an appeal preferred against the award of the Claims Tribunal, Kottayam in OP(MV)No.563/2004. The claimant as a pillion rider sustained injuries in a road accident and he has been awarded a compensation of Rs.31,700/= and the insurance company was directed to pay the amount. The insurance company raised a specific contention to the effect that the petitioner was travelling in a vehicle as a gratuitous passenger and the insured has neither given any specific premium nor any insurance coverage covering the pillion rider of the motor cycle. The learned counsel had also submitted before me that the policy is only an Act only policy and therefore applying the dictum in United India Insurance Co. Ltd. v. Tilak Singh [(2006(2) KLT 884 (SC)] the insurance company will not be liable. This matter has not been considered by the Tribunal and therefore it requires consideration. 2. Therefore without disturbing the quantum awarded, : 2 : M.A.C.A.No.3007 OF 2008 the award under challenge is set aside and the matter is remanded back to the Tribunal with a direction to frame appropriate issue regarding the liability and permit the parties to produce documentary as well as oral evidence in support of their respective contentions and then dispose of the matter in accordance with law. Since the claimant and the owner have not chosen to enter appearance before this Court, the insurance company is directed to take out notice to them after it enters appearance before the Tribunal. The insurance company is directed to appear before the Tribunal on 11.01.2010. Disposed of accordingly M.N. KRISHNAN, JUDGE cl : 3 : M.A.C.A.No.3007 OF 2008