IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN TUESDAY, THE 10TH JUNE 2008 / 20TH JYAISHTA 1930 MACA.No. 1424 of 2006() ---------------------------------- OPMV.300/2001 of MOTOR ACCIDENT CLAIMS TRIBUNAL, THRISSUR .................... APPELLANT/3RD RESPONDENT --------------------------------------------- THE ORIENTAL INSURANCE COMPANY LIMITED, THRISSUR NOW REPRESETNED BY ITS ASSISTANT MANAGER, REGIONAL OFFICE, METRO PALACE, KOCHI-18. BY ADV. SRI.MATHEWS JACOB (SR.) SRI.P.JACOB MATHEW RESPONDENTS: PETITIONER AND RSPONDENTS 1 & 2 ------------------------------------------------------------------------------- 1. JOY K.A. S/O.ANTHONY, KOKKADAN HOUSE, P.O., VARAKKARA, THRISSUR. 2. T.R.RAJENDRAN, S/O.T.R.RAMAN, THRIKKUR HOUSE, THRIKKUR, THRISSUR. 3. STENY, S/O.DEVASSY, POTTAKORAN HOUSE, MANNAMPETTA, THRISSUR. BY ADV. SRI.P.K.ASHOKAN – R1, R3 SMT.DHANYA P.ASHOKAN – R1, R3 SRI.G.SREEKUMAR (CHELUR) - R2 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 10/06/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: M.N.KRISHNAN, J ===================== MACA No.1424 OF 2006 ===================== Dated this the 10th day of June 2008 JUDGMENT This appeal is preferred against the award of the Motor Accidents Claims Tribunal, Thrissur in O.P.(MV)No.300 of 2001. It is the insurance company that has come up in appeal on the ground that the vehicle involved in the accident had only an Act only policy which does not cover a pillion rider and therefore the Tribunal went wrong in directing the insurance company to pay the amount. Learned counsel also would submit that the court has not considered the point of accident as well as there is discrepancy regarding the date of accident and the documents produced. Learned counsel for the owner of the vehicle would contend that he was set ex parte and an opportunity may be given. 2.After hearing all concerned, I feel an opportunity can be given and the points require detailed consideration at the hands of the court below. As per the decision of the Apex Court in Tilak Singh's case(2006(2) KLT 884) if it is only an Act only policy and there is no wider coverage, a pillion MACA 1424/2006 -:2:- rider is not covered by the policy and therefore the insurance company cannot be made liable to pay the amount. Unfortunately the Tribunal had not touched this point at all. Since the matter has to go back to the Tribunal, I set aside the entire matter and direct the court below to consider it afresh after affording equal opportunity to all concerned to adduce evidence in support of their respective contentions. Parties are directed to appear before the court below on 23.7.2008. MACA is disposed of as above. M.N.KRISHNAN, JUDGE Cdp/-