IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR.JUSTICE K.VINOD CHANDRAN WEDNESDAY,THE 07TH DAY OF NOVEMBER 2018 / 16TH KARTHIKA, 1940 MACA.No. 1076 of 2006 AGAINST THE AWARD IN OPMV 783/2001 of ADL.D.C. &

MACT,THODUPUZHA DATED 05-04-2005 APPELLANT/S:

UNITED INDIA INSURANCE CO.LTD.

REP. BY ITS ADMINISTRATIVE OFFICER,, REGIONAL OFFICE, SHARANYA, HOSPITAL ROAD,, KOCHI-11.

BY ADVS.

SRI.MATHEWS JACOB (SR.)

SRI.P.JACOB MATHEW RESPONDENT/S:

1 VASUKUTTAN NAIR AGED ABOUT 47 YEARS, KANNARAYIL HOUSE,, MATTAPPILLY KARA, AYAPPANCOVIL VILLAGE,, UDUMBANCHOLA TALUK, IDUKKI.

2 SATHI V.NAIR WO.VASUKUTTAN NAIR AGED 43 YEARS, DO. DO.

3 K.V.SUN SINGH THOTTAKADU PADAIVEEDU P.O., SANKARI SELAM DIST,, TAMIL NADU.

BY ADVS.

SMT.LINDA GEORGE SRI.JIMMY GEORGE (THADATHIL)

SRI.T.V.GEORGE THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 07.11.2018, ALONG WITH MACA.2954/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR.JUSTICE K.VINOD CHANDRAN WEDNESDAY,THE 07TH DAY OF NOVEMBER 2018 / 16TH KARTHIKA, 1940 MACA.No. 2954 of 2008 AGAINST THE AWARD IN OPMV 807/2002 of MACT ALAPPUZHA DATED

21-12-2007 APPELLANT/S:

THE NEW INDIA ASSURANCE COMPANY LIMITED LIMITED, ALAPUZHA NOW REPRESENTED BY ITS, MANAGER, REGIONAL OFFICE, M.G. ROAD, KOCHI -11.

BY ADVS.

SRI.MATHEWS JACOB (SR.)

SRI.P.JACOB MATHEW RESPONDENT/S:

1 GIGI THOMAS AND OTHERS KOCHUPURACKAL HOUSE, ANAPARAMBAL NORTH, THALAVADI VILLAGE, KUTTANADU TALUK, ALAPPUZHA.

2 PHILIPOSE DANIEL SO. THOMAS PHILIPOSE , DO....DO...

3 ANAMMA DANIEL WO. PHILIPOSE DANIEL DO...DO.....

2^nd page of MACA 2954/2008

4 NAINA K.D. SO. PHILIPOSE DANIEL DO.....DO....

5 DANIEL DANIEL SO. PHILIPOSE DANIEL DO...DO....

6 DANIEL K.THOMAS MINOR S/O. DANIEL DO....DO.... (MINOR 6TH RESPONDENT IS REPRESENTED BY HIS GUARDIAN 2ND RESPONDENT)

7 REV. P.J. JOHN POLAYIL, PUTHENVEEDU, ULANADU P.O.,, KULANADA, PATHANAMTHITTA.

BY ADVS.

SRI.ABHILASH BHASKAR SRI.BINU JOHN THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 07.11.2018, ALONG WITH MACA.1076/2006, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

J U D G M E N T

Both the aforesaid appeals are on distinguishable facts. The question raised by the Insurance Company is identical. Whether the rider who drove the motor Bike is entitled to compensation for injury suffered in a road traffic accident, when no other vehicle was involved in the accident and the motor bike was covered by an Act only policy. The issue is covered by the decision of a learned Single Judge in MACA No.1899/2009 dated 17.10.2018. The 'Act only' policy does not cover the risk of the owner or driver of a vehicle which is insured; even if the claim is under Section 163A of the Motor Vehicles Act. In such circumstance,the award passed granting compensation and entitling recovery from the Insurance Company are to be set aside.

The appeals are allowed. There is no order as to costs.

Sd/=

K. Vinod Chandran, jma Judge