(Prayer: This Civil Miscellaneous Appeal is filed under Section 173 of Motor Vehicles Act, 1988, against the award and decree dated 06.07.2018 made in M.C.O.P. No.346 of 2015 on the file of the Motor Accidents Claims Tribunal (2nd Additional District and Sessions Court), Tiruvallur at Poonamallee.)

1. This Civil Miscellaneous Appeal is filed by the appellant against the award and decree dated 06.07.2018 made in M.C.O.P. No.346 of 2015 on the file of the Motor Accidents Claims Tribunal (2nd Additional District and Sessions Court), Tiruvallur at Poonamallee.

2. The 2nd respondent/Insurance Company in MCOP No.346 of 2015 has come out with this present Civil Miscellaneous Appeal challenging liability fastened on the appellant.

3. The learned counsel for the appellant contended that the Insurance Company has marked the Ex.R.1-Insurance Policy which is an Act Policy and there is no liability on the part of the Insurance Company towards claim of the pillion riders. The Act Policy does not cover the risk of death or bodily injuries to the gratuitous passengers. The liability of the Insurance Company can be determined only on the basis of premium collected and in the absence of addit