IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN MONDAY, THE 10TH NOVEMBER 2008 / 19TH KARTHIKA 1930 MACA.No. 129 of 2007(C) ---------------------------- OPMV.2905/2000 of MOTOR ACCIDENT CLAIMS TRIBUNAL, THRISSUR .................... APPELLANT(S): 4TH RESPONDENT: ------------------------------------------ THE NEW INDIA ASSURANCE COMPANY LTD., REP. BY THE DEPUTY MANAGER, REGIONAL OFFICE, M.G. ROAD, KOCHI-11. BY ADV. SRI.P.R.RAMACHANDRA MENON RESPONDENT(S) PETITIONER & RESPONDENT 1 TO 3 RESPECTIVELY : ------------------------------------------------------------------------------ 1. P.A. SIMON, S/O.P.V.ANTONY, AGED ABOUT 48 YEARS, PALLIKUNNAN HOUSE, P.O. CHETTUPUZHA, THRISSUR DISTRICT. 2. SUBIN M.D., AGED ABOUT 31 YEARS, D/O.DAMODARAN, MENOTHUPARAMBIL HOUSE, MANAKODY P.O., THRISSUR DISTRICT. 3. SHIMI JOSE, S/O.K.V. JOSE, KARIMANGALAM HOUSE, P.O. CHIYYARAM, THRISSUR DISTRICT. 4. P.B. JOSHY, S/O.BALAKRISHNAN, POTTEKATTIL HOUSE, MANALUR P.O., THRISSUR DISTRICT. ADV. SRI.C.VENUGOPAL FOR R2 SRI.K.S.FRIJO FOR R2 SRI.P.SANTHOSH (PODUVAL) FOR R1 SMT.R.RAJITHA FOR R1 SRI. UNNIKRISHNAN ALAPPATT THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 10/11/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: M.N. KRISHNAN, J. = = = = = = = = = = = = = = M.A.C.A. NO. 129 OF 2007 = = = = = = = = = = = = = = = Dated this the 10th day of November, 2008. J U D G M E N T This appeal is preferred against the award of the Motor Accidents Claims Tribunal, Thrissur in O.P.(MV)2905/00. The claimant, according to the petitioner was a pillion rider in a bike. He sustained injuries in a road accident and the Tribunal has awarded a compensation of Rs.45,300/-. 2. The insurance company had twin contention on the case. One contention is to the effect the the claimant himself was riding the vehicle and the other contention was that if he was a pillion rider the policy issued being an act only policy, it is not liable to indemnify the insured in the light of the dictum laid down in Tilak Singh's case [United India Insurance Co. Ltd. v. Tilak Singh (2006 (2) KLT 884(SC). The Tribunal has found that the claimant was only a pillion rider. When it is so the Tribunal should have considered the question of liability in the case of a pillion rider. Unfortunately it has not been done. Therefore the M.A.C.A. 129 OF 2007 -:2:- matter requires interference. Therefore I set aside the award so far as it relates to the liability of the insurance company is concerned, directing the Tribunal to frame an issue and permit all parties to produce documentary or oral evidence in support of their contentions and dispose of the matter in accordance with law. I also make it clear, on appearance before the Court below the claimant or the insurance company shall again take further notice to the owner of the vehicle involved in this case for the reason ultimately if the insurance company succeeds liability will be mulcted on the owner. Parties are directed to appear before the Tribunal on 20.12.08. The MACA is disposed of accordingly. M.N. KRISHNAN, JUDGE. ul/-