The Divisional Manager vs Shaiju Hussain (Minor) on 30 September, 2008

       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

MACA.No. 1975 of 2006()


1. THE DIVISIONAL MANAGER,
                      ...  Petitioner

                        Vs



1. SHAIJU HUSSAIN (MINOR)
                       ...       Respondent

2. A. ARIEF, S/O.ABDUL SALAM,

3. SULAIMAN M.Y., S/O.MOHAMMED YOOSUF,

                For Petitioner  :SRI.LAL GEORGE

                For Respondent  : No Appearance

The Hon'ble MR. Justice M.N.KRISHNAN

 Dated :30/09/2008

 O R D E R
                         M.N.KRISHNAN, J.
                      -------------------------
                    M.A.C.A.No.1975 of 2006
                   ---------------------------------
          Dated, this the 30th day of September, 2008

                          J U D G M E N T

This appeal is preferred against the award of the Motor

Accidents Claims Tribunal, Thiruvananthapuram in O.P.(M.V.)

No.1163/2005. It is a preliminary award passed under Section

140 of the Motor Vehicles Act. It is contended by the Insurance

Company that the claimant in the case is a pillion rider and the

vehicle involved is only issued with a policy i.e. act only policy,

which does not cover the risk of a pillion rider. Going by the

dictum laid down in United India Insurance Co.Ltd. Vs. Tilak

Singh, reported in 2006(2) KLT 884, the status of a pillion rider

in a vehicle, where only act only policy is issued, is equivalent to

that of a gratuitous passenger and therefore, is not covered by

the policy. Even under Section 140 of the Motor Vehicles Act,

when there is a contention regarding total exoneration of the

liability by the Insurance Company, it has to be considered before

affixing liability on it. Now, a written statement is filed and

therefore, I feel the best course will be to set aside the

M.A.C.A.No.1975/2006
-2-

preliminary award passed by the Tribunal and direct the Tribunal

to dispose of the main case itself within a period of two months

from the date of receipt of a copy of this judgment. Till such

disposal, the amount deposited in Court will be kept in Court

deposit and ultimately, it can be disbursed to the person who is

entitled to it.

The M.A.C.A. is disposed of as above.

The registry shall issue a copy of this judgment to the Motor

Accident Claims Tribunal, Thiruvananthapuram for compliance.

(M.N.KRISHNAN, JUDGE)

jg