IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN MONDAY, THE 14TH JULY 2008 / 23RD ASHADHA 1930 MACA.No. 2105 of 2006() ----------------------- OPMV.358/2001 of MOTOR ACCIDENT CLAIMS TRIBUNAL, THODUPUZHA .................... APPELLANT/2ND RESPONDENT: ------------------------------------------ THE BRANCH MANAGER, ORIENTAL INSURANCE COMPANY LTD., KODUNGALLUR, NOW REPRESENTED BY ITS ASSISTANT MANAGER, REGIONAL OFFICE, METRO PALACE, KOCHI-18. BY ADV. SRI.MATHEWS JACOB (SR.) SRI.P.JACOB MATHEW RESPONDENTS: PETITIONER AND 1ST RESPONDENT: ------------------------------------------- 1. NAVAS, S/O. HANEEFA, ALAMPARAMBIL HOUSE, KOTTAPPURAM P.O., METHALA VILLAGE, KODUNGALLUR. 2. K.A. ABDUL KHADIR, S/O. AMMU, KUZHIKANDATHIL HOUSE, AZHIKODE P.O., ERIYAD, THRISSUR DISTRICT. BY ADV. SRI.P.V.BIJUMON FOR R1 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 14/07/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: MACA NO.2105/06 ORDER ON IA 2350/06 IN MACA NO.2105/06 DISMISSED 14.7.08 SD/- M.N.KRISHNAN, JUDGE TRUE COPY PA TO JUDGE M.N.KRISHNAN, J. -------------------------- M.A.C.A. No. 2105 OF 2006 --------------------- Dated this the 14th day of July, 2008 JUDGMENT This appeal is preferred against the award passed by the Motor Accident Claims Tribunal, Thodupuzha, in OP(MV) 358/01. The Tribunal awarded a compensation of Rs.57,500/- and directed the Insurance Company to deposit the amount. The Insurance Company in para 2 of the written statement had raised a specific contention that the policy is only an Act only policy and as the petitioner was a pillion rider, the Insurance Company is not liable to indemnify the injured. 2. Unfortunately, the Tribunal did not consider that point at all and has fixed the liability on the Insurance Company. In the light of the decision of the Apex court reported in United India Insurance Co. Ltd. v. Tilak Singh [2006 (4) SCC 404] a pillion rider is not covered by the Act only policy and the liability will be there if additional premium is collected towards coverage. So the matter requires reconsideration. Therefore, the award under challenge is set aside and remanded the case back to the Tribunal for the limited extent of MACA No.2105/06 2 casting liability on the Insurance Company. The Tribunal is directed to consider the matter afresh after affording equal opportunity to all concerned to produce the materials in support of their respective contentions before the Tribunal and the Tribunal shall arrive at a decision. Parties are directed to appear before the Tribunal on 22.8.08. M.N.KRISHNAN, JUDGE vps MACA No.2105/06 3