IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.N.RAMACHANDRAN NAIR & THE HONOURABLE MR. JUSTICE V.K.MOHANAN TUESDAY, THE 26TH AUGUST 2008 / 4TH BHADRA 1930 MACA.No. 617 of 2004() ---------------------- OPMV.356/1999 of MOTOR ACCIDENT CLAIMS TRIBUNAL, TIRUR .................... APPELLANT(S): APPELLANT ----------------------- THE NEW INDIA ASSURANCE COMPANY LIMITED, MANJERI NOW REPRESENTED BY ITS ASSISTANT ADMINISTRATIVE OFFICER, REGIONAL OFFICE, M.G.ROAD, KOCHI-11. BY ADV. SRI.MATHEWS JACOB (SR.) RESPONDENT(S): PETITIONER AND RESPONDENTS 1 & 2 ----------------------------------------------- 1. BABURAJAN S/O. MAMAN, THALIKAYIL HOUSE, PERINGOTPULAM, PAZHAMALLOOR P.O., MALAPPURAM DISTRICT. 2. BHARGAVAN M., S/O. RAGHAVAN, ROOM NO.4, M.S.P.FAMILY QUARTERS, MALAPPURAM. 3. MANOJKUMAR P.V. S/O. RADHAKRISHNAN, POOVATHUTHODIKA VEEDU, KADAMBODE, P.O., MALAPPURAM ADV. SRI.P.CHANDRASEKHAR FOR R1 ADV. SRI.P.K.ABOOBACKER(EDATHALA) FOR R2 & R3 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 26/08/2008, THE COURT ON 26/08/2008 DELIVERED THE FOLLOWING: C.N.RAMACHANDRAN NAIR & V.K.MOHANAN, JJ. .................................................................... M.A.C.A. No.617 of 2004 .................................................................... Dated this the 26th day of August, 2008. JUDGMENT Ramachandran Nair, J. The appeal is filed by the Insurance Company contending that company is not liable to pay compensation under the policy because first respondent at the time of accident was a gratuitous passenger in a goods vehicle namely, autorickshaw. The contention of counsel for the first respondent is that he was accompanying goods as it's owner and the goods belong to a courier company of which first respondent was an employee. It is not clear from the award as to whether the first respondent was sitting in the cabin sharing the seat of the auto driver or whether he was sitting along with goods in the rear. In any case by virtue of decisions of the Supreme Court in NATIONAL INSURANCE COMPANY LTD. V. CHOLLETI BHARATAMMA & OTHERS (2008(1) SCC 423) and in UNITED INDIA INSURANCE CO. LTD. V. SURESH K.K. & ANR. (AIR 2008 SCW 4639), the Insurance Company is not liable to pay compensation to the passenger who sustained injury while travelling in a goods autorickshaw. In the circumstances, appellant has no liability to pay compensation for the 2 injury sustained by the first respondent while travelling as a passenger in a goods autorickshaw. Consequently appellant is entitled to recover compensation amount after payment to the first respondent from the owner of the vehicle. The appeal stands allowed to the above extent. C.N.RAMACHANDRAN NAIR Judge V.K.MOHANAN Judge pms