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Judgment
M.N. Krishnan, J.—This appeal is preferred against the interim award passed in O.P.(MV)1831/06. The claimant moved an application for compensation u/s 140 of the M.V. Act on account of the permanent disability suffered. He was a passenger in a trekker. The insurance company of the trekker raised a contention that being an an Act only policy it is not liable to pay compensation but the learned Tribunal had stated that there are several decisions which are to the effect that even as opposed to an an Act only policy, passengers of a private car are entitled to support a claim for compensation. I am afraid that the said approach is incorrect. In Swaran Singh''s case National Insurance Co. Ltd. v. Swaran Singh 2004 (1) KLT 781 the Hon''ble Supreme Court has made it clear these defences are available to the insurance company even u/s 163A cases. Unless there is a liability on the insurance company it cannot be fastened on them arbitrarily. In such cases it will be for the owner to pay the amount. Therefore I set aside the award and direct the Tribunal to dispose of the matter within a period of two months from today after hearing all concerned. I make it very clear let the entire O.P. be disposed of and not the preliminary question.
Send a copy of the order to the Tribunal for compliance.