IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN TUESDAY, THE 17TH JUNE 2008 / 27TH JYAISHTA 1930 MACA.No. 1059 of 2008() ----------------------- OPMV.2946/2003 of MOTOR ACCIDENT CLAIMS TRIBUNAL, THRISSUR .................... APPELLANT:3RD RESPONDENT: ------------------------------------------------- NATIONAL INSURANCE COMPANY LTD, REP.BY ITS MANAGER,REGIONAL OFFICE, 3RD PARTY WING,OMANA BUILDING, PADMA JUNCTION,KOCHI-35. BY ADV. SRI.P.R.RAMACHANDRA MENON RESPONDENTS: PETITIONER AND RESPONDENTS 1 & 2 RESPECTIVELY: ------------------------------------------------------------------------------------------------------------ 1. T.M.LOUIS,S/O.MATHEW,AGED ABOUT 46 YEARS, THIRUTHANANTHIL HOUSE, MANJAPPARA P.O,VALADY VIA. 2. SUNNY,S/O.GEORGE,EDASSERY HOUSE, KANJOOR,PEACOCK RAY PRODUCTS MANAGER, PARLIKKAD. 3. THANKMMA JOSEPH,NADEKKAL HOUSE, SWARGAM ROAD,CHENGAMANADU,THRISSUR. BY THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING COME UP FOR ADMISSION ON 17/06/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss ORDER ON I.A.NO.1286/2008 IN M.A.C.A.NO.1059/2008 DISMISSED 17/06/2008 SD/- M.N.KRISHNAN, JUDGE /TRUE COPY/ P.A.TO JUDGE Kss M.N.KRISHNAN, J. -------------------------- M.A.C.A. No. 1059 OF 2008 --------------------- Dated this the 17th day of June, 2008 JUDGMENT This appeal is preferred against the award passed by the Motor Accident Claims Tribunal, Thrissur, in OP(MV) 2946/03. The appeal is filed by the Insurance Company against the finding of the Tribunal whereby it directed the Insurance Company to deposit the amount. 2. Learned counsel for the appellant very strongly contend before me that the person who had claimed compensation, even if proved to be a pillion rider, is not covered by the terms of the policy and therefore applying the dictum laid down in United India Insurance Co. Ltd. v. Tilak Singh [2006 (4) SCC 404] the Tribunal should have exonerated it from the liability. Learned counsel also had read out to me the written statement. But, I find there is no specific pleading regarding the fact that the claimant was a pillion rider and that he is excluded from coverage. It is more so for the reason that the contention raised in the written statement is that the claimant himself was riding the motor bike without a driving licence. MACA No.1059/08 2 Therefore it pleaded exoneration of the liability. It is true that the Tilak Singh's case excludes the pillion rider but there are variety of policies which takes in the coverage of a pillion rider as well. So there must be a specific pleading to the fact that it is only an Act only policy which does not cover the pillion rider. However, in the light of the contention of the Insurance Company that he was a rider it cannot be permitted to say otherwise at this stage. It cannot be permitted to blow hot and cold in the same proceedings. Therefore, I decline to interfere with the decision rendered by the Tribunal. Therefore, the appeal is dismissed. M.N.KRISHNAN, JUDGE vps MACA No.1059/08 3 MACA No.1059/08 4