IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN WEDNESDAY, THE 29TH SEPTEMBER 2010 / 7TH ASWINA 1932 MACA.No. 733 of 2007() ---------------------------------- OPMV.351/1997 of MOTOR ACCIDENT CLAIMS TRIBUNAL, PERUMBAVOOR .................... APPELLANT/2ND RESPONDENT ----------------------------------------------- NATIONAL INSURANCE COMPANY LIMITED, ALUVA, NOW REPRESENTED BY ITS ADMINISTRATIVE OFFICER, KOCHI REGIONAL OFFICE, OMANA BUILDING, M.G.ROAD, KOCHI-35. BY SRI.MATHEWS JACOB, SENIOR ADVOCATE, ADV. SRI.P.JACOB MATHEW. RESPONDENTS/PETITIONER AND IST RESPONDENT ----------------------------------------------------------------------------- 1. CHELLAMUTHU, S/O.CHELLATHAL, C/O.SARATHAMANI, W/O.RAJAN, GEETHANJALY HOUSE, ASARAM ROAD, KALADY P.O. 2. KUMARASWAMY, S/O.CHELLATHAL, DO. DO. BY THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING COME UP FOR ADMISSION ON 29/09/2010,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: MACA.No. 733 of 2007 ORDER ON I.A.NO.973/2007 IN MACA NO.733/2007 DISMISSED 29/09/2010. SD/- M.N.KRISHNAN, JUDGE //TRUE COPY// P.S. TO JUDGE rs. M.N. KRISHNAN, J. = = = = = = = = = = = = = = M.A.C.A. NO. 733 OF 2007 = = = = = = = = = = = = = = = Dated this the 29th day of September, 2010. J U D G M E N T This appeal is preferred against the award of the Motor Accidents Claims Tribunal, Perumbavoor in O.P. (MV)351/97. The short point that arises for determination is the liability of the insurance company. The insurance company had specifically raised a contention “the policy covers liability only to third party and pillion rider carried in the vehicle is not covered under the policy.” So there is a specific plea in the written statement to the effect that the policy issued does not cover the risk of a pillion rider. Unfortunately the Tribunal did not raise an issue and considered that question. Since it is an Act only policy I could have disposed of the matter here itself. Since the respondents are not before me and it is only served by affixture I feel an opportunity can be given so as to M.A.C.A. 733 OF 2007 -:2:- raise their contentions regarding the same. 2. Therefore the award under challenge is set aside to the limited extent of the liability of the insurance company. The Tribunal is directed to frame an appropriate issue, permit the parties to adduce evidence on that regard and then dispose of the matter in accordance with law. Parties are directed to appear before the Tribunal on 2.11.10 and the insurance company is directed to take out notice to the claimant as well as the owner after it enters appearance before the said Court. M.N. KRISHNAN, JUDGE. ul/-