IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN THURSDAY, THE 2ND SEPTEMBER 2010 / 11TH BHADRA 1932 MACA.No. 2074 of 2009() ---------------------------------- OPMV.1384/2000 of MOTOR ACCIDENT CLAIMS TRIBUNAL, PALAKKAD ........................................................................................................................... APPELLANT / ADDL.3RD RESPONDENT:- ---------------------------------------------------------- THE NATIONAL INSURANCE CO.LTD, REP. BY ITS MANAGER, REGIONAL OFFICE, OMANA BUILDING, PADMA JUNCTION, KOCHI-35. BY ADV. SMT.RAJI T.BHASKAR RESPONDENTS / PETITIONER & RESPONDENTS 1, 2 & ADDL. 4 RESPECTIVELY:- ------------------------------------------------------------------------------------------------------------------- 1. NAZEER, AGED 34 YEARS, S/O.NOORMOHAMMED, RESIDING AT SOUTH STREET, PUDUNAGARAM PO, CHITYTUR TALUK, PALAKKAD DIST. 2. ASHARAF, AGED NOT KNOWN, S/O.RAZAK P. RESIDING AT KATTAYANTHENTNERUVU, CHITTUR TALUK, PALAKKAD DIST. 3. ABUTHAHIR, AGED 29 YEARS, S/O.RASHEED, RESIDING AT M.K.PREMDAS, PUDUNAGARAM PO, CHITTUR TALUK, PALAKKAD DIST. 4. THANKACHAN, ATHIRA VILLA, PUDUR, KODUNTHIRAPULLY. (ADDLITIONAL R4) THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 02/09/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: M.N M.N. KRISHNAN, J. ........................................... M.A.C.A.NO.2074 OF 2009 ............................................. Dated this the 2nd day of September, 2010. J U D G M E N T This is an appeal preferred against the award of the Claims Tribunal, Palakkad in OP(MV)No.1384/2000. The claimant was a passenger in a jeep and he sustained injuries. The Tribunal has awarded him a compensation of Rs.7,053/= and made the insurance company liable to pay the amount. The court below found that 4th respondent in the claim petition is the owner of the vehicle. It is against that liability, the insurance company has come up in appeal 2. The learned counsel for the insurance company had made available before me a copy of the policy as well as the original written statement. In the original written statement a specific contention is taken to the effect that the vehicle is only covered by an act only policy. A perusal of the policy also would reveal that it was an A policy, which is a statutory policy issued under Section 147 of the Motor Vehicles Act. Applying the dictum in United Insurance Co. Ltd. v. Tilak Singh [2006 (2) KLT 884 (SC)], a person travelling as a : 2 : M.A.C.A.NO.2074 OF 2009 pillion rider in a two wheeler and a person travelling in a private car only covered by an act only policy are not third parties but are only gratuitous passengers not covered by the terms and conditions of the policy. Therefore it has to be held that insurance company cannot be made liable to pay the amount. Therefore the insurance company is exonerated from the liability. 3. So far as the ownership of the vehicle is concerned, it is the 4th respondent who is found to be the owner by the Tribunal. The Tribunal also has held that it had already taken a position in O.P.(MV)No.880/1999 that R4 is the owner of the vehicle. Therefore the liability will be on the 2nd and 4th respondents jointly and severally to pay the amount. 4. In the result, the MACA is allowed and the insurance company is exonerated from the liability and the claimant is at liberty to proceed against R2 and R4 in the claim petition jointly and severally for realisation of the amount awarded. Disposed of accordingly. M.N. KRISHNAN, JUDGE. cl : 3 : M.A.C.A.NO.2074 OF 2009 : 4 : M.A.C.A.NO.2074 OF 2009 M.N. KRISHNAN, J. ........................................... A.S.NO.883 OF 1996 ............................................. 13th day of August, 2010. J U D G M E N T