IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN THURSDAY, THE 24TH SEPTEMBER 2009 / 2ND ASWINA 1931 MACA.No. 373 of 2009() ----------------------------------- OPMV.935/2002 of MOTOR ACCIDENT CLAIMS TRIBUNAL, MUVATTUPUZHA .................... APPELLANT(S): 3RD RESPONDENT ---------------------------- NATIONAL INSURANCE COMPANY LTD,REP.BY ITS ADMINISTRATIVE OFFICER,3RD PARTY WING, OMANA BUILDING,PADMA JUNCTION, KOCHI-35. BY ADV. SMT.RAJI T.BHASKAR RESPONDENT(S): PETITIONER AND RESPONDENTS 1 & 2 RESPECTIVELY --------------------------- 1. ALIYAMMA, W/O.VARGHESE,AGED ABOUT 57 YEARS,RESIDING AT KANNANGNAMALIL HOUSE,AIROORPADOM PO,UPPUKANDOM,KOTHAMANGALAM VIA. 2. GINO, S/O.GEORGE,KARIKKODUPUTHANPURAYIL HOUSE,ELANADU.P.O, CHELAKKARA VIA, THRISSUR DISTRICT. 3. BINOY ALIYAS,KOOTTAPPILLIL HOUSE, KADAMATTOM.P.O,KOLENCHERRY. THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 24/09/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: tss M.N.KRISHNAN, J. ........................................... M.A.C.A.NO.373 OF 2009 ............................................. Dated this the 24th day of September, 2009 J U D G M E N T All served. Service complete. 2. This is an appeal preferred against the award of the Claims Tribunal, Muvattupuzha in OP(MV)No.935/2002. The Tribunal has awarded a compensation of Rs.16,200/= and directed the insurance company to pay the amount. The insurance company has come up in appeal against the decision of its liability on the ground that the vehicle involved was only covered by an act only policy which does not cover the risk of the persons travelling in the vehicle. The learned Tribunal relied upon a Full Bench decision of this Court reported in Oriental Insurance Co.Ltd. v. Ajayakumar (1999 (2) KLT 886) and held that the insurance company is liable. 3. The learned counsel would contend that in the light of the dictum laid down in [United India Insurance Co.Ltd. v. Tilak Singh (2006 (2) KLT 884 (SC)] a pillion rider in a two wheeler or a passenger in a private car is not : 2 : M.A.C.A.NO.373 OF 2009 covered by the act only policy. The rationale behind the dictum was to the effect that a person travelling in a private car as a passenger or as a pillion rider in a two wheeler is not having status of a thirty party and therefore he is only a person having the status of gratuitous passenger and cannot be ordered to be indemnified by the insurance company unless additional premium is paid for the said. So, in the light of the dictum laid down in Tilak Singh's case this Court has to held that being an act only policy the passenger in a private car is not covered and also the dictum in Asha Rani's case will apply because it will not cover a person other than the owner or the representative of the owner of the goods under Section 147 of the Motor Vehicles Act. Therefore, the direction of the Tribunal to pay the amount by the insurance company is set aside and they are exonerated from the liability. In the result, the MACA is partly allowed and the insurance company is exonerated from the liability totally and the claimant is at liberty to proceed against respondents 1 and 2 jointly and severally for the realisation of the award : 3 : M.A.C.A.NO.373 OF 2009 amount. If any amount is deposited by the insurance company, they are entitled to reimburse on appropriate application. M.N.KRISHNAN, JUDGE cl : 4 : M.A.C.A.NO.373 OF 2009