IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN FRIDAY, THE 19TH FEBRUARY 2010 / 30TH MAGHA 1931 MACA.No. 926 of 2009() --------------------------------- OPMV.1069/2002 of MOTOR ACCIDENT CLAIMS TRIBUNAL, THRISSUR .................... APPELLANT(S): 3RD RESPONDENT ---------------------- UNITED INDIA INSURANCE CO. LTD., BRANCH OFFICE, KURUPPAM ROAD, THRISSUR, REP. BY THE DEPUTY MANAGER, UNITED INDIA INSURANCE CO. LTD., REGIONAL OFFICE ERNAKULAM, SARANYA, HOSPIRAL ROAD, KOCHI-11. BY ADV. MR.A.R.GEORGE RESPONDENT(S): CLAIMANT & RESPONDENTS 1 & 2 ------------------------ 1. MATHAIKUNJU.M.V., MANDAPATHIL VEEDU, KATTILAPOOVAM DESOM, MADAKKATHARA, THRISSUR. 2. SOMAN.K.N., S/O. NARAYANAN, KUNNATHUZHY HOUSE, PO KUNDUKAD, THRISSUR. 3. SCARIA, S/O. KURIAKKOSE, INJHAKUZHIYIL HOUSE, VANDULAM, KATTILAPPOVAM. THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 19/02/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: tss M.N. KRISHNAN, J. ........................................... M.A.C.A.No.926 OF 2009 ............................................. Dated this the 19th day of February, 2010. J U D G M E N T This is an appeal preferred against the award of the Claims Tribunal, Trichur in OP(MV)No.1069/2002. The claimant sustained injuries in a road accident and he was a pillion rider and the tribunal has granted an amount of Rs.39,500/= and directed the insurance company to pay the amount. The insurance company has raised a specific contention that the vehicle is covered by an act only policy and therefore applying the dictum laid down in United India Insurance Co. Ltd v. Tilak Singh( 2006 (2) KLT 884 (SC), it is not liable to pay the amount as status of a pillion rider is that of a gratuitous passenger. But the tribunal has observed that the policy is an extended policy and therefore made the insurance company liable. 2. I do not find that the policy is even marked in the case. Therefore this Court is not in a position to appreciate the contentions of the parties. If it is only an act only : 2 : M.A.C.A.No.926 OF 2009 policy, then the dictum in Tilak Singh's case will squarely apply and the insurance company may not be liable. Therefore it is desirable that the conditions of the policy has to be produced so as to make the tribunal to know the terms and conditions of the policy as well. 3. Therefore the award with respect to the liability involved is set aside and the matter is remitted back to the tribunal with a direction to permit all concerned to produce documentary as well as oral evidence in support of their respective contentions and then dispose of the matter in accordance with law. Parties are directed to appear before the tribunal on 15.3.2010. The insurance company is directed to take notice to the owner as his involvement is necessary for a proper disposal of the case. Disposed of accordingly. M.N. KRISHNAN, JUDGE cl : 3 : M.A.C.A.No.926 OF 2009