IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN WEDNESDAY, THE 4TH NOVEMBER 2009 / 13TH KARTHIKA 1931 MACA.No. 2152 of 2009(B) ----------------------- OPMV.2172/2004 of MOTOR ACCIDENT CLAIMS TRIBUNAL, ERNAKULAM .................... APPELLANT(S): PETITIONER ------------------------ P.S.UNNIKRISHNAN,S/O.SUBRAMANIAN, ELAYIDATH VEETTIL,PADAMUGHAL, KAKKANADU P.O.,VAZHAKKALA VILLAGE. BY ADV. SRI.T.A.SHAJI SRI.P.C.JEEVA RESPONDENT(S): RESPONDENTS -------------------------- 1. RAJESH M.P.,S/O.PRABHAKARAN, MOOLAYIL HOUSE,NEAR SCHOOL, PADAMUGHAL KARAYIL,VAZHAKKALA VILLAGE. 2. DILEEP KUMAR M.K., MORICKAMOOLA HOUSE,PADAMUGHAL, KAKKANADU P.O.,KOCHI-30. 3. THE NATIONAL INSURANCE CO.LTD., (BRANCH II,ERNAKULAM),M.G.ROAD,ERNAKULAM. THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 04/11/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: M.N. KRISHNAN, J. = = = = = = = = = = = = = = M.A.C.A. NO. 2152 OF 2009 = = = = = = = = = = = = = = = Dated this the 4th day of November, 2009. J U D G M E N T This appeal is preferred against the award of the Motor Accidents Claims Tribunal, Ernakulam in O.P.(MV)2172/04. The claimant sustained injuries in a road accident and he has been awarded a compensation of Rs.49,500/- and the insurance company is exonerated from the liability on the ground that the policy does not cover the risk of a passenger in a private jeep. Aggrieved by that decision the claimant has come up in appeal for enhancement as well as for making the insurance company liable. 2. So far as the claimant is concerned it is seen that the claimant had sustained a fracture on the humerus and he was treated as an inpatient in the hospital for nine days. Internal fixation was done. The Tribunal has taken his income at Rs.2,500/- and under each and every head, the Tribunal has awarded a very reasonable compensation but it has committed a small mistake in totaling the amount, M.A.C.A. 2152 OF 2009 -:2:- instead of Rs.51,500/- it is shown as Rs.49,500/- and therefore it requires correction and it is corrected. So far as the liability of the insurance company is concerned it is the contention of the insurance company that the claimant was a passenger in a private vehicle and the policy issued to the vehicle was only an Act only policy. Extending the principles laid down in Tilak Singh's case [United India Insurance Co. Ltd. v. Tilak Singh)2006 (2) KLT 884(SC) the status of a person travelling in a private jeep to which only an Act only policy is issued is that of a gratuitous passenger not covered by the policy and therefore the Tribunal cannot be found fault with for exonerating the insurance company from the liability. Therefore that point also does not merit consideration. The appeal is disposed of holding that the Tribunal's amount awarded as compensation is modified as Rs.51,500/- and the finding that the insurance company is to be exonerated from the liability is upheld and the MACA is disposed of accordingly. The interest etc. as ordered by the Tribunal is sustained. M.N. KRISHNAN, JUDGE. ul/-