IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE J.B.KOSHY & THE HONOURABLE MR. JUSTICE K.P.BALACHANDRAN MONDAY, THE 6TH OCTOBER 2008 / 14TH ASWINA 1930 MACA.No.972 of 2007 (B) ------------------------------ OPMV.1651/2001 of ADDL.MOTOR ACCIDENT CLAIMS TRIBUNAL,KOTTAYAM .................... APPELLANT/3RD RESPONDENT ------------------------------------ UNITED INDIA INSURANCE CO.LTD., CITY BRANCH, PARAKULAM BUILDING, KOTTAYAM. BY ADV. SRI.P.V.JYOTHI PRASAD RESPONDENTS: PETITIONER & RESPONDENTS 1 & 2 ------------------------------------------------------------- 1. KISHORE, S/O.JAMES, THADATHIL HOUSE, THOTTAKKADU KARA, THOTTAKKADU P.O., THOTTAKKADU VILAGE. 2. SANJU, S/O.JOSE VARGHESE, KONDODIKKAL ERATHODU HOUSE, NEAR POST OFFICE, THOTTAKKADU KARA, THOTTAKKADU VILLAGE. 3. MATHEW JOHN, S/O.JOHN, PAZHAYATHU HOUSE, NATTASSERY KARA, VADAVATHOOR PO, VIJAYAPURAM VILLAGE. ADV. SRI.P.M.KUNJIMOIDEENKUTTY FOR R2 SRI.LAL K.JOSEPH FOR R2 SMT.SHEENA SAMUEL FOR R2 SRI.SURIN GEORGE IPE FOR R3 SRI.K.A.HASHIM FOR R1 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 06/10/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: J. B. KOSHY & K. P. BALACHANDRAN, JJ. ------------------------------------------------ M. A. C. A. No.972 of 2007 ------------------------------------------------ Dated this the 6th day of October, 2008 JUDGMENT Koshy, J First respondent in the appeal sustained injury in a motor accident while he was travelling as a pillion rider in a motor cycle owned by the third respondent. (second respondent before the Tribunal). It was ridden by the first respondent before the Tribunal. The Tribunal awarded a compensation of Rs.56,710/- with 6% interest from the date of filing the petition against a claim of Rs.1,75,000/- and directed the Insurance Company to deposit the compensation. This appeal is filed by the Insurance Company contending that Ext.B1 insurance policy is an M. A. C. A. No.972 of 2007 -2- Act policy and injury sustained is to the gratuitous passenger. Therefore, Insurance Company is not liable to pay the compensation. We fully agree with the contention of the appellant that being an Act policy insurer has no liability to pay compensation to a gratuitous passenger travelling in a scooter as a pillion rider. Therefore, we modify the award to the extent that the Insurance Company is not liable to deposit the amount awarded. The first and second respondents before the Tribunal are jointly and severely liable to pay compensation to the claimant and they are directed to deposit the amount awarded. The amount deposited as a condition precedent in filing the appeal shall be refunded to the Insurance Company. Appeal is allowed to the M. A. C. A. No.972 of 2007 -3- above extent. J. B. KOSHY JUDGE K.P.BALACHANDRAN, JUDGE kns/-