IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.N.RAMACHANDRAN NAIR & THE HONOURABLE MR. JUSTICE HARUN-UL-RASHID WEDNESDAY, THE 17TH SEPTEMBER 2008 / 26TH BHADRA 1930 MACA.No. 774 of 2005() ---------------------- OPMV.300/1998 of MOTOR ACCIDENT CLAIMS TRIBUNAL, VADAKARA .................... APPELLANT -------------------------- NATIONAL INSURANCE COMPANY LTD., REP. BY ITS DEPUTY MANAGER, KOCHI REGIONAL OFFICE, T.P.CELL, M.G.ROAD, ERNAKULAM. BY ADV. SRI.P.R.RAMACHANDRA MENON RESPONDENTS: ------------- 1. K.K.RAJAN, S/O.KUNHIRAMAN, AGED ABOUT 42 YEARS, RESIDING AT KOROTHKANDY HOUSE, KEEZHPAYOOR POST, MEPPAYOOR VIA, KOZHIKODE DISTRICT. 2. NAGATHAN KOTTAKKAL ASHOKAN, S/O.CHEKKOTTY, KEEZHPAYOOR POST, MEPPAYUR VIA, KOZHIKODE DISTRICT. BY ADV. SRI.P.S.SREEDHARAN PILLAI FOR R1 SRI.K.B.SAJEESH FOR R1 SRI.P.GOPINATH FOR R1 SMT.C.G.PREETHA FOR R1 SRI.C.S.SUNIL FOR R1 SRI.M.PRAVEESH FOR R1 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 17/09/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: C.N.RAMACHANDRAN NAIR & HARUN-UL-RASHID, JJ. .................................................................... M.A.C.A. No.774 of 2005 .................................................................... Dated this the 17th day of September, 2008. JUDGMENT Ramachandran Nair, J. The appeal is filed against the award passed by the MACT directing the Insurance Company to pay compensation for the injury caused to the first respondent in the road accident while he was travelling sharing the seat of the driver in the goods Autorickshaw. We have heard counsel for the appellant and counsel appearing for the first respondent. 2. The issue raised by the appellant is covered in their favour by decision of the Supreme Court in UNITED INDIA INSURANCE COMPANY LTD. V. SURESH K.K. & ANR. (2008 AIR SCW 4739) wherein the Supreme Court held that a person sharing the seat of an autorickshaw driver is not entitled to compensation for the injury sustained in the accident. However, it is seen that inspite of the finding, the Supreme Court directed the Insurance Company to deposit the compensation and recover the same from the registered owner of the autorickshaw. Following the said judgment we allow the appeal in principle, but with direction to the 2 Insurance Company to deposit the compensation amount first and then to proceed to recover the same from the registered owner of the autorickshaw. C.N.RAMACHANDRAN NAIR Judge HARUN-UL-RASHID Judge pms