IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE J.B.KOSHY & THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH FRIDAY, THE 5TH SEPTEMBER 2008 / 14TH BHADRA 1930 MACA.No. 1381 of 2006() ----------------------------------- OPMV.1397/2003 of MOTOR ACCIDENT CLAIMS TRIBUNAL, NEYYATTINKARA .................... APPELLANT/3RD RESPONDENT -------------------- THE NEW INDIA ASSURANCE COMPANY LTD., REP. BY ITS ADMINISTRATIVE OFFICER, REGIONAL OFFICE, M.G.ROAD, KOCHI-11. BY ADV. SRI.P.R.RAMACHANDRA MENON RESPONDENTS: PETITIONER & RESPONDENTS 1 & 2 RESPECTIVELY ------------------------------- 1. A.UNNI, S/O.APPU, PLAVILA VEEDU, KIZHAKKEKALAYIL, POONCODE, BHAGAVATHI NADA, VIA.BALARAMAPURAM. 2. RAJU, S/O.SAMUEL, S.K.LAND, VENKULAM, NELLIMOODU, NEYYATTINKARA. 3. PARAMESWARAN, S/O.CHELLAYYAN NADAR, KUZHIPPARACHA MELARUKU PUTHEN VEEDU, KOTTUKAL, NELLIMOODU P.O., NEYYATTINKARA. ADV. SRI.G.SUDHEER KARAKONAM SRI.R.T.PRADEEP FOR R2 SRI.V.VIJULAL FOR R2 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 05/09/2008 , THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: J.B.KOSHY & THOMAS P. JOSEPH, JJ. ------------------------------- M.A.C.A.NO.1381 OF 2006 () ----------------------------------- Dated this the 5th day of September, 2008 J U D G M E N T KOSHY,J. First respondent in this appeal sustained injuries in a motor vehicle accident on 31.5.2003 while he was travelling in a lorry along with 27 other persons. Applicant (1st respondent in this appeal) claimed compensation for injuries sustained in the accident contending that the driver of the lorry was negligent, and therefore, driver, owner and Insurance company which insured the lorry are liable to pay compensation. The tribunal awarded an amount of Rs.1,06,050/- with interest. Earlier when compensation was awarded under Section 140 of the Motor Vehicles Act, the Insurance company challenged their liability and the matter was remanded to consider the question whether the Insurance company is liable to pay the amount. Contention of the MACA.1381/06 2 Insurance company is that Insurance company is not liable to pay the amount as the claimant was a passenger in a goods vehicle. The accident occurred in 2003. It is true that if the passenger was an owner or agent of the owner of the goods, they are covered in view of the amendment of the Motor Vehicles Act with effect from 24.11.1994. However, in this case, even though the accident occurred after the amendment of the Act, insurance company is not liable to pay compensation as injured was not travelling with goods as owner or agent of the owner of the goods. Contention of the appellant/1st respondent was that all the 27 persons travelling were loading and unloading workers and that they were going for loading the goods. But admittedly, they were not travelling along with the goods, it is a mini lorry and they were only passengers in the lorry and they are not employed by the lorry owner. In these circumstances, in view of the Honorable Supreme Court's decision in New India Insurance Co. Ltd. v. Asha Rani and others ((2003) 2 SCC 223), the Insurance company is not liable to pay the amount. It is submitted that an amount of Rs.25,000/- was MACA.1381/06 3 deposited under Section 140 and also another Rs.25,000/- was deposited as a condition precedent for filing the appeal. Considering the facts and circumstances of the case, the above amount can be released to the claimant. However, that amount can be recovered by the Insurance company from the insured. Balance amount need not be deposited by the Insurance company and it can be recovered by the 1st respondent claimant jointly and severally from the driver and the owner. Appeal is accordingly partly allowed. J.B.KOSHY, JUDGE THOMAS P. JOSEPH, JUDGE prp J.B.KOSHY & THOMAS P. JOSEPH, JJ. -------------------------------------------------------- M.F.A.NO. OF 2006 () --------------------------------------------------------- J U D G M E N T --------------------------------------------------------- 5th September, 2008