IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN WEDNESDAY, THE 18TH NOVEMBER 2009 / 27TH KARTHIKA 1931 MACA.No. 2833 of 2009(A) ----------------------- OPMV.497/2003 of MOTOR ACCIDENTS CLAIMS TRIBUNAL, THRISSUR .................... APPELLANT(S): 2ND RESPONDENT IN THE OPMV --------------------------------------------------------- THE UNITED INDIA INSURANCE CO.LTD., THRISSUR BRANCH, REPRESENTED BY THE DEPUTY MANAGER, UNITED INDIA INSURANCE CO. LTD., OFFICE OF THE REGIONAL MANAGER, HOSPITAL ROAD, ERNAKULAM. BY ADV. SRI.M.A.GEORGE RESPONDENT(S): PETITIONER AND THE R1 IN THE OPMV ---------------------------------------------------------------- 1. VINUKUMAR @ VINU, S/O. RAGHAVAN NAIR, PAREKKATTIL HOUSE, AYYANTHOLE, THRISSUR DISTRICT. 2. RAJESHKUMAR, S/O. KRISHNANKUTTY, KANIYATH HOUSE, THRIKKUMARAKUDAM, P.O.AYYANTHOLE, THRISSUR DISTRICT. THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING COME UP FOR ADMISSION ON 18/11/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: M.N. KRISHNAN, J. = = = = = = = = = = = = = = M.A.C.A. NO. 2833 OF 2009 = = = = = = = = = = = = = = = Dated this the 18th day of November, 2009. 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)497/03. The claimant, a pillion rider sustained injuries in a road accident and he has been awarded a compensation of Rs.27,800/- and the insurance company has been directed to pay the compensation amount. Aggrieved by that decision the insurance company has come up in appeal. 2. The short point that arises for determination is regarding the liability of the insurance company. The main grievance is that though a specific contention is raised in the written statement and the copy of the policy is produced as Ext.B1, the Tribunal did not consider that contention at all and directed the insurance company to pay the amount. Learned counsel had made available before me a copy of the written statement wherein there is a specific allegation that the pillion rider is not covered by the policy of the motorcycle M.A.C.A. 2833 OF 2009 -:2:- KL08-K-4886. It is contended that the policy is only an Act only policy and extending the principles laid down in Tilak Singh's case [United India Insurance Co. Ltd. v. Tilak Singh)2006 (2) KLT 884(SC) the insurance company is not bound to indemnify. Unfortunately no issue has been framed and the contention has not been considered at all. There is no point in directing all the parties to appear before this Court and then remit the case, for the reason it will only result in unnecessary difficulty to the other parties as well as the Court. Therefore I am inclined to set aside the award so far as it relates to the liability of the insurance company is concerned and remit the case back to the Tribunal with a direction to frame an issue regarding the liability of the insurance company and then permit all concerned to produce documentary as well as oral evidence in support of their respective contentions and dispose of the matter in accordance with law. Since the matter is being disposed of at the admission stage itself the insurance company on appearance is directed to take out notice to all concerned for M.A.C.A. 2833 OF 2009 -:3:- a proper disposal of the matter. The insurance company is directed to appear before the Tribunal on 17.12.2009. M.N. KRISHNAN, JUDGE. ul/-