IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN TUESDAY, THE 8TH JULY 2008 / 17TH ASHADHA 1930 MACA.No. 1378 of 2008() --------------------------------- OPMV.82/2004 of MOTOR ACCIDENT CLAIMS TRIBUNAL, MUVATTUPUZHA .................... APPELANT/PETITIONER ------------------------------------ K.K.RAVEENDRAN, AGED 44 YEARS, KOMKUNNEL HOUSE, KIZHACOMBU P.O, KOOTHATTUKULAM VILLAGE, ERNAKULAM DISTRICT, PIN 686 662. BY ADV. SRI.ANIL S.RAJ SMT.K.N.RAJANI SMT.MANJUSHA MOHANDAS SMT.ANILA PETER RESPONDENTS/RESPONDENTS ------------------------------------------------ 1. KURIAKOSE KURIAN, S/O.KURIAN, THURUTHEL HOUSE, PERUMPADAVOM P.O, ELANJI VILLAGE, ERNAKULAM DISTRICT. 2. ELIAS SCARIA, S/O.T.P.SCARIA, THETTALIL HOUSE, PERUMPADAVOM P.O, ELANJI VILLAGE, ERNAKULAM DISTRICT. 3. NATIONAL INSURANCE COMPANY LIMITED, DIVISIONAL OFFICE, ERNAKULAM. BY THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING COME UP FOR ADMISSION ON 08/07/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: M.N. KRISHNAN, J. = = = = = = = = = = = = = = M.A.C.A. NO. 1378 OF 2008 = = = = = = = = = = = = = = = Dated this the 8th day of July, 2008. J U D G M E N T This appeal is preferred against the award of the Motor Accidents Claims Tribunal, Muvattupuzha in O.P.(MV)82/04. The claimant sustained injuries in a road accident and he was awarded a compensation of Rs.33,612/-. The Tribunal exonerated the insurance company from the liability and directed respondents 1 and 2 to pay the amount. It is against that decision, the appellant namely the claimant has come up in appeal. 2. Learned counsel had argued that the compensation awarded is inadequate and the Tribunal has erred in exonerating the insurance company. So far as the compensation part is concerned I have meticulously perused the award. The claimant was a teacher by profession. The Tribunal found that he had taken 15 days leave on account of the nasal bone fracture which he has sustained with lacerated wound on the upper and lower lips. The Tribunal M.A.C.A. 1378 OF 2008 -:2:- awarded whole amount for medical bills produced and further compensated the claimant on each and every head which takes in about Rs.13,830/- towards treatment expenses. The Tribunal awarded Rs.8,000/- for pain and sufferings and another Rs.6,000/- for loss of amenities and enjoyment in life. Since there was no disability and as he was a teacher continuing in that capacity, disability compensation for loss of earning capacity was not granted. The Tribunal has considered the materials and had awarded proper compensation which cannot be interfered with. 3. The next argument is regarding the exoneration of the insurance company from the liability. It is clear from the discussion of the learned Tribunal at paragraph 10 that Ext.P1 policy was taken for a private vehicle and the contention of the claimant is that he was travelling on payment of hire. When a private vehicle is involved in an accident, as the law stands today, unless there is an additional special premium paid for the coverage of the passengers, the statutory policy does not cover the risk of a M.A.C.A. 1378 OF 2008 -:3:- passenger travelling in a private vehicle. His status will never become that of a third party as well and he is to be only classified as a gratuitous passenger. When it is so, unless there is extra premium collected and coverage made, the insurance company is not liable to pay the amount. This is the approach made by the Tribunal which cannot be found fault with. Learned counsel would further contend before me that at least a direction may be issued to pay and get it reimbursed. In order to pay and reimburse, party involved should be a third person as stated in Swaran Singh's case National Insurance Co. Ltd. v. Swaran Singh (2004 (1) KLT 781). But, here, the party is not a third party but only a gratuitous passenger never covered by any policy and therefore such a direction also cannot be granted. So from these discussions it is only to be held that the appeal lacks merit and therefore the same is dismissed. M.N. KRISHNAN, JUDGE. ul/-