IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN FRIDAY, THE 31ST OCTOBER 2008 / 9TH KARTHIKA 1930 MACA.No. 210 of 2008() ---------------------- OPMV.2185/2003 of MOTOR ACCIDENT CLAIMS TRIBUNAL, PERUMBAVOOR .................... APPELLANT/PETITIONER -------------------------- SHAJI, AGED 43 YEARS, S/O.ACHUTHAN, KOVATTU HOUSE, SOUTH KIDANGOOR, THURAVOOR VILLAGE, ALUVA TALUK. BY ADV. SRI.V.K.GOPALAKRISHNA PILLAI SRI.GOPAKUMAR.G. SMT.ANUPAMA JOHNY RESPONDENTS/RESPONDENTS -------------------------------------- 1. UNNIKRISHNAN.G., S/O.N.GOPALAKRISHNAN NAIR, SIVAKRIPA, KARAPUZHA, KOTTAYAM. 2. UNITED INDIA INSURANCE CO. LTD., BRANCH OFFICE, PARAEKULAM BUILDING, NEAR COLLECTORATE, KOTTAYAM. ADV. SRI.T.N.ARUNKUMAR (PERUMBAVOOR) FOR R.1 SRI.M.V.JOY FOR R.1 SMT.T.C.SOWMIAVATHY FOR R2 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 31/10/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: M.N.KRISHNAN, J. -------------------------- M.A.C.A No. 210 OF 2008 --------------------- Dated this the 31st day of October, 2008 JUDGMENT This appeal is preferred against the award passed by the Motor Accident Claims Tribunal, Perumbavoor, in OP(MV) 2185/03. The claimant sustained injuries in a road accident and the Tribunal awarded him a compensation of Rs.23,585/- with 7% interest. The Insurance Company was exonerated from the liability. Challenging the exoneration of the Insurance Company and dissatisfied with the quantum awarded, the claimant has come up in appeal . 2. Heard the counsel for the appellant as well as the Insurance Company. So far as the quantum of compensation is concerned, the claimant has sustained a fracture of the calcaneum. The Tribunal has awarded Rs.6,000/- towards loss of earnings, Rs.8,000/- towards pain and suffering and Rs.5,000/- towards loss of amenities and enjoyment in life. There has been no disability at all. On all other heads, the Tribunal has awarded a proper compensation. Therefore the quantum of compensation does not call for any interference. MACA No. 210/08 2 3. The next question is regarding exoneration of the Insurance Company. The contention of the claimant itself is that he was accompanying the goods carried in the lorry. The Tribunal towards the end of para.7 of the award had very clearly entered into a finding that “all these documents are sufficient enough to prove that the petitioner was travelling in the lorry as an authorised representative of the goods carried in the vehicle and the accident took place due to the rashness and negligence of the driver of the lorry.” But when it reaches the question of liability discussed in para.9 of the award , the Tribunal would say that the policy issued is only an Act only policy and therefore it is not liable to indemnify the owner. 4. The finding of the Tribunal is erroneous. It has been well settled in the dictum laid down in New India Assurance Co. Ltd. v. Asha Rani [2003 (1) KLT 165 (SC)] that the provisions of the old Motor Vehicles Act of 1939 and the unamended Act of 1988 are in pari materia and it does not cover the risk of an owner of the goods or representative of the owner of the goods. By virtue of amendment to the Motor Vehicles Act 54 of 1994 the legislature has incorporated MACA No. 210/08 3 that the owner of the goods and representative of owner of goods are covered by policy being a statutory obligation cast under section 147 of the Motor Vehicles Act. When that is the case, no additional premium need be paid to cover the owner of goods or representative of the owner of the goods. So in the light of the settled position, the finding of the Tribunal is incorrect and it requires interference. The Insurance Company is statutorily bound to pay the compensation. Therefore, the appeal is disposed of as follows: The quantum of compensation awarded by the Tribunal is confirmed. The finding of the Tribunal that the Insurance Company is exonerated from the liability is set aside and the Insurance Company is directed to pay the amount to the claimant within a period of 60 days from the date of receipt of a copy of this judgment. M.N.KRISHNAN, JUDGE vps MACA No. 210/08 4