IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN TUESDAY, THE 26TH AUGUST 2008 / 4TH BHADRA 1930 MACA.No. 1941 of 2007(C) ----------------------------- AGAINST THE ORDER DATED 05/01/2006 IN IA. 4390 /2004 IN OPMV.474/2002 of MOTOR ACCIDENT CLAIMS TRIBUNAL, ALAPPUZHA .................... APPELLANT/5TH RESPONDENT IN OP(MV) NO.474/02 ------------------------------------------------------------- NATIONAL INSURANCE COMPANY LIMITED, BRANCH NO.11, ERNAKULAM, REPRESENTED BY ITS MANAGER, NATIONAL INSURANCE COMPANY LTD., KOCHI REGIONAL OFFICE, P.B.NO.3235, OMAMA BUILDINGS, JEWS STREET, PADMA JUNCTION, KOCHI-682 035. BY ADV. SRI.LAL GEORGE RESPONDENTS: PETITIONER AND RESPONDENTS 1 TO 4 OP(MV) NO.474/02 --------------------------------------------------------------- 1. P.B.SHAJI, S/O.BHASKARAN, LASKHMITHARAYIL HOUSE, WARD NO.IV, THURAVOOR PANCHAYATH, VALAMANGALAM SOUTH P.O. 2. K.P.DEVASSY, S/O.PAPPU, CHIRACKAL HOUSE, MALLOOR P.O., KALADY. 3. MR.AZEEZ, S/O.ALIYAR, NEDUNGADYKUDY VEETTIL, WARD NO.11, KOOVAPPADY PANCHAYATH, OKKAL P.O., ERNAKULAM DISTRICT. 4. M/S. THE UNITED INDIA INSURANCE COMPANY LTD., PERUMBAVOOR. 5. P.M.SHAJI, S/O.MADHAVAN, PATTATHALICHIRA HOUSE, WARD NO.IV, THURAVOOR P.O. BY ADV. SRI.SUNIL CYRIAC FOR R.3 SRI.P.SANKARANKUTTY NAIR FOR R.4 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 26/08/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: M.N. KRISHNAN, J. = = = = = = = = = = = = = = M.A.C.A. NO. 1941 OF 2007 = = = = = = = = = = = = = = = Dated this the 26th day of August, 2008. J U D G M E N T This appeal is preferred against the preliminary award passed by the Motor Accidents Claims Tribunal, Alappuzha in O.P.(MV)474/02. There appears to be glaring mistake in the award. The claimant is a pillion rider in a scooter. It is his case that a lorry was parked on the road without any dim light and therefore the scooter happened to hit on the back of the lorry resulting in injuries to the rider of the scooter as well as the pillion rider namely the claimant. The claimant has attributed negligence only on the driver of the lorry and has made the rider of the scooter as a formal party with an additional prayer that in case it is found the scooterist is negligent then compensation may be awarded against them as well. The Tribunal in its award held that the offending vehicle has valid insurance policy with the 5th respondent. If the offending vehicle is the lorry, then the insurer is the United India Insurance Co. namely 3rd respondent in the claim MACA 1941 OF 2007 -:2:- petition. If the offender is the rider of the scooter then a question that has to be considered is the claimant being a pillion rider whether is entitled to be covered under the policy of insurance. Nothing is discernible from the award regarding this aspect therefore the award under challenge is set aside and the matter is remitted back to the Tribunal for fresh consideration. If the parties agree that without passing a preliminary award the petition itself can be disposed of that may be considered but if they insist for consideration of the petition u/s 140 that may be considered and appropriate orders be passed. The MACA is disposed of accordingly. M.N. KRISHNAN, JUDGE. ul/-