IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE A.K.BASHEER & THE HONOURABLE MR. JUSTICE P.Q.BARKATH ALI MONDAY, THE 28TH MARCH 2011 / 7TH CHAITHRA 1933 MACA.No. 2057 of 2006 --------------------------------------- OPMV.938/2000 of MOTOR ACCIDENT CLAIMS TRIBUNAL, THRISSUR .................... APPELLANT(S): APPELLANT/4TH RESPONDENT: ---------------------------------------------------------------------------- THE ORIENTAL INSURANCE COMPANY LTD., KUNNAMKULAM, NOW REP. BY ITS ASSISTANT MANAGER, REGIONAL OFFICE, METRO PALACE, KOCHI-18. BY ADV. SRI.MATHEWS JACOB, SENIOR ADVOCATE SRI.P.JACOB MATHEW RESPONDENTS / PETITIONER & RESPONDENTS 1 & 2: -------------------------------------------------------------------------------------- 1. JOSHI, S/O.T.L.ANTONY, THANIKKAL CHALISSERY HOUSE, ERAVU P.O., ARIMBUR, THRISSUR. 2. JOSHY DAVID K., S/O.DAVID, KOLLANNUR HOUSE, PAVARATTY P.O. 3. VIJAYAN K.V., S/O.VELAYUDHAN, KALLAYIL HOUSE, ARIMBUR P.O., THRISSUR. ADV. SRI.DILIP J. AKKARA FOR R.1 SRI.P.RAMACHANDRAN FOR R2 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING COME UP FOR ADMISSION ON 28/03/2011, THE COURT ON THE SAME DAY PASSED THEFOLLOWING: A.K.BASHEER & P.Q.BARKATH ALI, JJ. - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - M.A.C.A.No.2057 OF 2006 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 28th day of March 2006 JUDGMENT Basheer, J. The short question that arises for consideration in this appeal is whether the Motor Accident Claims Tribunal was justified in holding the appellant liable to indemnify the owner of the two wheeler that was involved in the accident. 2. Respondent No.1 herein had sustained certain injuries in a road traffic accident while he was riding as a pillion on the two wheeler which belonged to respondent No.2 in this appeal. The specific case of the appellant before the Tribunal was that the pillion rider was not covered under the “Act only” policy issued by the company in respect of the above vehicle. The appellant had produced a copy of the policy before the Tribunal Which was marked as Ext.b1. 3. But it is seen from the award that the Tribunal has not adverted to this aspect at all and proceeded to hold that the appellant/insurance company would be liable to pay compensation to the claimant by indemnifying the owner of the two wheeler. A perusal of Ext.B1, policy certificate, will unambiguously show that it is only an “Act only” policy. 4. In that view of the matter, the direction issued by the Tribunal to the appellant to indemnify the owner and pay the compensation to the M.A.C.A.No.2057 OF 2006 :: 2 :: claimant cannot be sustained. However, appellant shall pay the compensation to respondent No.1/claimant and recover the same from the owner of the vehicle, namely respondent No.2 in this appeal. The statutory deposit made by the appellant shall be reimbursed. Appeal is disposed of as above. A.K.BASHEER, JUDGE P.Q.BARKATH ALI, JUDGE jes