IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN WEDNESDAY, THE 6TH AUGUST 2008 / 15TH SRAVANA 1930 M.A.C.A.No. 1530 of 2007(A) ----------------------- O.P(MV).NO.1363/2000 OF MOTOR ACCIDENTS CLAIMS TRIBUNAL, THRISSUR .................... 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. DAVIS,AGED ABOUT 45 YEARS, S/O.JACOB,NEELAMKAVIL HOUSE, PAVARATTY DESOM,PAVARATTY VILLAGE, THRISSUR DISTRICT. 2. LONAPPAN,S/O.THOMA, CHITTILAPPILLY HOUSE, NAMBAZHIKKAD DESOM, KANDANISSERY VILLAGE, CHAVAKKAD TALUK, THRISSUR DISTRICT. 3. N.J.PIYOOS, S/O. JACOB, NEELAMKAVIL HOUSE, PAVARATTY P.O., THRISSUR DISTRICT. BY ADV. SRI.P.RAMACHANDRAN - R1 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 06/08/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: M.A.C.A.No. 1530/2007 ORDER ON I.A NO.1796 OF 2007 IN M.A.C.A NO.1530 OF 2007 DISMISSED SD/- 6/08/2008 M.N. KRISHNAN, JUDGE /TRUE COPY/ P.A. TO JUDGE scm M.N.KRISHNAN, J. -------------------------- M.A.C.A. No. 1530 OF 2007 --------------------- Dated this the 6th day of August, 2008 JUDGMENT This appeal is preferred against the award passed by the Motor Accident Claims Tribunal, Thrissur, in OP(MV) 1363/00. The claimant sustained injuries in a road accident while travelling as a pillion rider in a motor cycle. The Tribunal awarded a compensation of Rs.66,600/- and directed the Insurance Company to deposit the amount. 2. The Insurance Company in their written statement has specifically contended that it was only an Act only policy and would not cover the pillion rider and they are not liable to compensate the petitioner. Unfortunately, this issue has not been considered at all by the Tribunal and therefore the matter requires interference. Further, it has been held by the Apex court that if it is only an Act only policy then the status of a pillion rider would be that of a gratuitous passenger as held in the decision reported in New India Assurance Co. Ltd. v. Asha Rani [2003 (1) KLT 165 (SC)] and therefore, the Insurance Company may not be liable to pay the compensation. But MACA No. 1530/07 2 what all are the conditions in the policy etc. are all matters that has to be considered by the Tribunal to arrive at that decision. Therefore, without disturbing the finding on the quantum of compensation, the matter is remitted back to the Tribunal for considering the question as to whether the Insurance Company is bound to indemnify the owner in a case of this nature and whether admittedly the claimant is a pillion rider. For that purpose, both parties are permitted to produce documentary as well as oral evidence in support of their respective contentions. Since the owner has not chosen to appear before this court, I direct the Insurance Company to take notice to the owner from the Tribunal so that he can also be heard. Parties are directed to appear before the Tribunal on 16.9.08. M.N.KRISHNAN, JUDGE vps MACA No. 1530/07 3