IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN FRIDAY, THE 12TH NOVEMBER 2010 / 21ST KARTHIKA 1932 MACA.No. 2193 of 2010() ----------------------------- (OP(MV)NO.621/2010 OF THE MOTOR ACCIDENTS CLAIMS TRIBUNAL, THRISSUR) ................ APPELLANT(S): PETITIONERS ----------------------------------- 1. PRAMEELA,W/O.LATE RADHAKRISHNAN. 2. ANUGRAHA(MINOR)D/O.RADHAKRISHNAN 3. ASWATHY(MINOR),D/O.RADHAKRISHNAN, (MINORS REPRESENTED BY GUARDIAN MOTHER FIRST APPELLANT) 4. NEELI , W/O.LATE NEELAKANTAN. (ALL APPELLANTS RESIDING AT MANAKKAL KUNNATH HOUSE NEAR VETINARY HOSPITAL, MAYANNOOR P.O., THALAPPILLY TALUK, THRISSUR DISTRICT). BY ADV. SRI.T.C.SURESH MENON RESPONDENT(S): RESPONDENTS -------------------------------------- 1. K.P.XAVIER,S/O.POULOSE,KOOTHUR HOUSE, VELUR PO, THRISSUR DISTRICT-680 001. 2. THE NIEW INDIA ASSURANCE CO.LTD., PALACE ROAD, THRISSUR-680 001. THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING COME UP FOR ADMISSION ON 12/11/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: svs/ M.N. KRISHNAN, J. = = = = = = = = = = = = = = M.A.C.A. NO. 2193 OF 2010 = = = = = = = = = = = = = = = Dated this the 12th day of November, 2010. J U D G M E N T This appeal is preferred against the award of the Motor Accidents Claims Tribunal, Thrissur in I.A.3199/10 in O.P.(MV)621/10. The claim petition was filed for compensation on account of the death by the legal representatives. The insurance company raised a contention that the deceased was only a gratuitous passenger not liable to be covered by the policy. By virtue of the decision of the Hon'ble Supreme Court in Swaran Singh's case National Insurance Co. Ltd. v. Swaran Singh (2004 (1) KLT 781) this contention is available for the insurance company and at that stage the Court may not able to arrive at a correct decision as well. But since it is a death case where the sole bread winer has gone it is necessary that justice is rendered to the parties at the earliest. Therefore I close this appeal M.A.C.A. 2193 OF 2010 -:2:- with a direction to the Motor Accidents Claims Tribunal, Thrissur to dispose of the claim petition itself within a period of two months from the date of receipt of a copy of this judgment. The Registry is directed to send a copy of the order to the Tribunal as well. M.N. KRISHNAN, JUDGE. ul/-