IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN MONDAY, THE 28TH JULY 2008 / 6TH SRAVANA 1930 M.A.C.A.No. 2084 of 2006(G) ----------------------- O.P.(MV)NO.665/2004 OF MOTOR ACCIDENTS CLAIMS TRIBUNAL, KASARAGOD .................... APPELLANT/3RD RESPONDENT: -------------------------- THE ORIENTAL INSURANCE CO. LTD., KASARAGOD, REP. BY ITS ADMINISTRATIVE OFFICER, REGIONAL OFFICE, ERNAKULAM NORTH, KOCHI-18. BY ADV. SRI.GEORGE CHERIAN (THIRUVALLA) RESPONDENTS/CLAIMANT: --------------------- 1. K.AHAMAD, S/O.ABOOBACKER, KOLAVAYAL, AJANOOR VILLAGE, HOSDURG TALUK. 2. P.H.MUHAMMED, S/O.MOIDEEN, PALAD HOUSE, BELLA KADAPPURAM, P.O.KANHANGAD, BELLA VILLAGE. 3. ABDUL HAKEEM, S/O.ABDULKHADER, AMINA MANZIL, P.O.THURUTHI, VIA. CHERUVATHUR, CHERUVATHUR VILLAGE. THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 28/07/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: M.A.C.A.No. 2084/2006 ORDER ON I.A.NO.2314 OF 2006 IN M.A.C.A NO.2084 OF 2006 DISMISSED SD/- 28/07/2008 M.N. KRISHNAN, JUDGE /TRUE COPY/ P.A. TO JUDGE scm M.N.KRISHNAN, J. -------------------------- M.A.C.A. No. 2084 OF 2006 --------------------- Dated this the 28th day of July, 2008 JUDGMENT This appeal is preferred against the award passed by the Motor Accident Claims Tribunal, Kasargod, in OP(MV) 665/04. It is the case of the claimant that while he was getting down from a mini lorry, he fell down on account of the rash and negligent driving of the 1st respondent in the claim petition and therefore the claimant is entitled to compensation. The Tribunal awarded him a compensation of Rs. 13,200/- and directed the respondents to pay it. 2. Learned counsel for the Insurance Company had made available before me a copy of the written statement filed by it. It is specifically contend in the written statement that the claimant was a gratuitous passenger in a goods vehicle and therefore, he is not covered by the policy of insurance and so the Insurance Company is not liable to indemnify the owner. Unfortunately, this contention has not been considered by the Tribunal at all. Therefore the matter requires reconsideration. The award under challenge is set aside and the matter is remitted back to the Tribunal for fresh consideration. The Tribunal is MACA No.2084/06 2 directed to frame appropriate issues, permit all parties concerned to adduce evidence and then dispose of the matter in accordance with law. Since the owner as well as the claimant will be affected, the Insurance Company on its appearance before the Tribunal is directed to take out fresh notice to the claimant as well as the owner of the vehicle. Insurance Company is directed to appear before the Tribunal on 2.9.08. M.N.KRISHNAN, JUDGE vps MACA No.2084/06 3