IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN TUESDAY, THE 10TH NOVEMBER 2009 / 19TH KARTHIKA 1931 MACA.No. 2060 of 2006(G) ----------------------- OPMV.570/1997 of MOTOR ACCIDENTS CLAIMS TRIBUNAL, MAVELIKKARA .................... APPELLANT(S): APPELLANT/2ND RESPONDENT -------------------------------------- THE MANAGER, THE NEW INDIA ASSURANCE COMPANY LTD., KAYAMKULAM, NOW REP. BY ITS DEPUTY MANAGER, REGIONAL OFFICE, M.G.ROAD, KOCHI-11. BY ADV. SRI.MATHEWS JACOB, SENIOR ADVOCATE SRI.P.JACOB MATHEW RESPONDENT(S): PETITIONER AND IST RESPONDENT -------------------------------------------- 1. PRABHAYANI, D/O.KOCHU, KOCHAYYAN PARAMBIL, KALLIKKAD, ARATTUPUZHA, ALAPPUZHA DISTRICT. 2. K.CHANDRAN, DO. DO. ADV. SRI.N.SURESH FOR R1 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 10/11/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: M.N. KRISHNAN, J. = = = = = = = = = = = = = = M.A.C.A. NO. 2060 OF 2006 = = = = = = = = = = = = = = = Dated this the 10th 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, Mavelikkara in O.P.(MV)570/97. According to the claimant while travelling as a pillion rider in a scooter driven by her husband the accident took place resulting in injuries to her. The insurance company disputed its liability and ultimately the Court found that she is entitled to compensation and awarded a compensation of Rs.47,780/- with 7.5.%. It is against that decision the present appeal is preferred. 2. Now the learned counsel for the appellant strongly contends before me that the policy issued only covers the risk of a third party, that is, it is only an Act only policy and therefore 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) a pillion rider not being a third party but a gratuitous passenger is not covered by the M.A.C.A. 2060 OF 2006 -:2:- policy and therefore the insurance company is entitled to be exonerated from the liability. There is considerable force in the said contention and the learned counsel had made available before me for perusal a copy of the policy which shows it is only an Act only policy. It is also seen that the liability with respect to third party is also seen raised in the written statement so the question whether the claimant is a third party or a gratuitous passenger is a matter to be considered and everything has to be decided on the terms and conditions of the policy. Therefore the award under challenge is set aside so far as it relates to the liability is concerned and the matter is remitted back to the Tribunal with a direction to permit the claimant as well as the insurance company to produce documentary as well as oral evidence in support of their respective contentions and the matter be disposed of in accordance with law. Parties are directed to appear before the Tribunal on 11.12.2009 and in case the claimant and the owner do not enter appearance the insurance company is directed to take out notice to them so M.A.C.A. 2060 OF 2006 -:3:- that the matter can be disposed of in their presence. M.N. KRISHNAN, JUDGE. ul/-