IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN WEDNESDAY, THE 25TH JUNE 2008 / 4TH ASHADHA 1930 MACA.No. 1534 of 2006(A) ------------------------ OPMV.14/2003 of MOTOR ACCIDENT CLAIMS TRIBUNAL, MUVATTUPUZHA .................... APPELLANT/3RD RESPONDENT; ------------------------------------------------- NATIONAL INSURANCE COMPANY LTD., KOLENCHERY, NOW REP. BY ITS MANAGER, KOCHI REGIONAL OFFICE, AJAY VIHAR, M.G.ROAD, KOCHI-16. BY ADV. SRI.MATHEWS JACOB (SR.) SRI.P.JACOB MATHEW RESPONDENTS: PETITIONER AND RESPONDENT 1 & 2: ------------------------------------------------------------------------------------ 1. ALEYAMMA CHACKO, W/O.CHACKO, THATTAPPILLIL HOUSE, VADAYAMPADY P.O., PUTHENCRUZ. 2. SHIJU K.K., S/O.KUNJAPPAN, KARUTHARA HOUSE, KANJOOR, ALUVA. 3. T.P.CHACKO, S/O.PAULOSE, THOTTAPPILLIL HOUSE, VADAYAMPADY P.O., PUTHENCRUZ. BY ADV. SRI.C.A.CHACKO - R2 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 25/06/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss M.N.KRISHNAN, J ===================== MACA No.1534 OF 2006 ===================== Dated this the 25th day of June 2008 JUDGMENT This appeal is preferred against the award of the Motor Accidents Claims Tribunal, Muvattupuzha in O.P.(MV) No.14 of 2003. The Tribunal has awarded a compensation of Rs.14,500/- and made all the respondents jointly and severally liable for the compensation. Admittedly the claimant was a pillion rider. It is also stated in paragraph 12 of the award that on going through the copy of the policy which is marked as Ext.B1, the policy does not cover the risk of a pillion rider. But the court below relying on the decision of this Court reported in Oriental Insurance Co. v. Ajayakumar (1999(2) KLT 886(FB) held that a pillion rider is covered by the policy and therefore negatived the contention of the insurance company. Now the matter is covered squarely by the decision of the Apex Court reported in United India Insurance Co.Ltd. v. Thilak Singh(2006(2) KLT 884(SC). The Apex Court held that a statutory insurance policy intended to cover risk to life or damage to properties of 3rd parties will not cover the risk of death or injury of a gratuitous passenger carried in a private vehicle. The Apex MACA 1534/2006 -:2:- Court held that the pillion rider will not be covered by an Act only policy and therefore the insurance company cannot be mulcted with the liability. In the light of this decision, the award passed by the Tribunal so far as it relates to the liability of the insurance company is set aside and the liability is to be cast on respondents 1 and 2 jointly and severally. Therefore the appeal is allowed and the award of the Tribunal is modified thereby exonerating the insurance company from the liability and the claimant is given liberty to proceed against respondents 1 and 2 in the claim petition jointly and severally for the amount due to her under the award. MACA is disposed of as above. M.N.KRISHNAN, JUDGE Cdp/-