IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN THURSDAY, THE 12TH JUNE 2008 / 22ND JYAISHTA 1930 MACA.No. 2069 of 2007() ----------------------- OPMV.1456/2000 of ADDL.MOTOR ACCIDENT CLAIMS TRIBUNAL, ALAPPUZHA .................... APPELLANT: 3RD RESPONDENT: ------------------------------------------------- UNITED INDIA INSURANCE COMPANY LTD., REPRESENTED 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. SANTHOSH KUMAR, S/O.RAJAPPAN, KIZHAKKECHITTU PALLI, VARANAM P.O., CHERUVARANAM, CHERTHALA. 2. MANOJKUMAR, KADAPPALLIL HOUSE, KUDAVACHOOR P.O., VAIKOM. 3. P.M.VIJAYAN, PUTHUKULATHIL, CHAMAKKALA P.O., MANJOOR. BY ADV. SRI.BIJU ABRAHAM - R1 SRI.R.RATHEESH - R1 SRI.G.PRABHAKARAN - R3 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 12/06/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss ORDER ON I.A.NO.2664/07 IN M.A.C.A.NO.2069/2007 DISMISSED 12/06/2008 SD/- M.N.KRISHNAN, JUDGE /TRUE COPY/ P.A.TO JUDGE Kss M.N.KRISHNAN, J. -------------------------- M.A.C.A. No. 2069 OF 2007 --------------------- Dated this the 12th day of June, 2008 JUDGMENT This appeal is preferred against the award passed by the Motor Accident Claims Tribunal, Alappuzha, in OP(MV) No.1456/00. The 1st respondent / petitioner was a pillion rider in a scooter which met with an accident as a result of which he had sustained injuries. The Tribunal has awarded a total compensation of Rs.27,500/- and directed the Insurance Company to pay the amount. It is against that decision, the Insurance Company has preferred this appeal. 2. The principle contention is that being a pillion rider, the 1st respondent / petitioner is not entitled to get compensation from the Insurance Company as there is not contract of insurance between the owner and the Insurance Company to indemnify such a person. It is seen in para 5 of the written statement that a specific plea is raised to the effect that pillion rider is not covered as per the policy issued b the appellant. But, unfortunately the Tribunal has not considered that point at all, which requires consideration especially in the light of the decision of the Apex court in United India Insurance Co. Ltd. v. Tilak Singh [2006 (2) KLT 884 (SC]. MACA No.2069/07 2 Therefore, the award passed by the Tribunal is set aside so far as it relates to the liability of the Insurance Company is concerned. Since the owner and driver has not entered appearance before this court, on appearance, the Insurance Company shall take out notice to those persons and the Tribunal shall consider and hear all concerned and pass appropriate orders. Parties are directed to appear before the Tribunal on 23.7.08. M.N.KRISHNAN, JUDGE vps MACA No.2069/07 3