IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN TUESDAY, THE 4TH NOVEMBER 2008 / 13TH KARTHIKA 1930 MACA.No. 1300 of 2008() ----------------------- OPMV.1177/2002 of MOTOR ACCIDENT CLAIMS TRIBUNAL, THRISSUR .................... APPELLANT/ 3RD RESPONDENT ----------------------------------- UNITED INDIA INSURANCE COMPANY LTD, REP.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. ANTO, S/O.VARGHESE, PALLISSERY HOUSE, P.O.VARANTHARAPPILLY, PALLIKUNNU, THRISSUR. 2. JOSE P.V, PALLISSERY HOUSE, P.O, VARANTHARAPILLY, PALLIKUNNUR, THRISSUR. 3. P.J.PAUL, S/O.P.V.JOSEPH, PYNADATH HOUSE OLLUKKARA P.O, THRISSUR. ADV. SRI.SHEJI P.ABRAHAM FOR R2 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 04/11/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: MACA No. 1300/08 ORDER ON IA No. 1543/08 IN MACA No. 1300/08 DISMISSED 4.11.08 SD/- M.N.KRISHNAN, JUDGE /TRUE COPY/ PA TO JUDGE. M.N.KRISHNAN, J. -------------------------- M.A.C.A No. 1300 OF 2008 --------------------- Dated this the 4th day of November, 2008 JUDGMENT This appeal is preferred against the award passed by the Motor Accident Claims Tribunal, Thrissur, in OP(MV) 1177/02. The claimant, a pillion rider, sustained injuries in a road accident and the Tribunal awarded him a total compensation of Rs.65,328/- and directed the Insurance Company to pay the amount. 2. Learned counsel for the Insurance Company would contend before me that the Company has filed an additional written statement which was received on 13.6.06 wherein there is a specific contention that the policy is an Act only policy and no additional premium is received to cover the risk of a pillion rider and therefore the company is not liable to indemnify the owner. Unfortunately, the said contention has not been noticed at all by the Tribunal. Therefore the matter requires interference. The award under challenge is set aside so far as it relates to the question of liability of the Insurance Company is concerned. Parties are permitted to produce documentary as well as oral evidence in support of their respective contentions. In any event, if no such additional written statement is filed, then the Tribunal is at liberty to confirm the earlier order. Parties are directed to appear before the Tribunal on 18.12.08. M.N.KRISHNAN, JUDGE vps 2