IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN FRIDAY, THE 17TH OCTOBER 2008 / 25TH ASWINA 1930 MACA.No. 2253 of 2008() ----------------------- OPMV.1786/2001 of MOTOR ACCIDENT CLAIMS TRIBUNAL, THRISSUR .................... APPELLANT/3RD RESPONDENT. --------------------------------------- THE NEW INDIA ASSURANCE COMPANY LTD, REP. BY THE DY. MANAGER, REGIONAL OFFICE, M.G.ROAD, KOCHI-11. BY ADV. SRI.P.R.RAMACHANDRA MENON RESPONDENTS/ PETITIONER AND RESPONDENTS 1 & 2 ----------------------------------------------------------- 1. YAMUNA W/O.JAYARAJAN, BELLWAS, THEVALLY P.O., KOLLAMD DISTRICT. 2. CHERIAN THARAKAN, S/O.THARAKAN, SHARAON ROSE, CHENGANNUR. 3. JAYARAJAN, S/O.RAMACHANDRA KURUP, BELLWAS, THEVALLY P.O., KOLLAM DISTRICT. THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING COME UP FOR ADMISSION ON 17/10/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: MACA No. 2253/08 ORDER ON IA No. 2646/08 IN MACA No.2253/08 DISMISSED 17.10.08 SD/- M.N.KRISHNAN, JUDGE /TRUE COPY/ PA TO JUDGE. M.N.KRISHNAN, J. -------------------------- M.A.C.A No. 2253 OF 2008 --------------------- Dated this the 17th day of October, 2008 JUDGMENT This appeal is preferred against the award passed by the Motor Accident Claims Tribunal, Thrissur, in OP(MV) 1786/01. Since the Tribunal has not considered the question which is raised in the additional written statement, the award requires interference. Therefore, at the admission stage itself, I am inclined to dispose of the matter without notice to the other side. 2. The claimant in the case was a passenger in a private car. The accident had taken place on 28.12.00. It is specifically contended in the additional written statement filed by the Insurance Company that the policy issued is an Act only policy and no additional premium is received to cover the passenger. It has been held by the Apex court in the decision reported in New India Assurance Co. Ltd. v. Asha Rani [2003 (1) KLT 165 (SC)] that if it is a private car which is having only an Act only policy, the status of the person travelling in the car will be that of a gratuitous passenger not covered by the policy. Unfortunately, the Tribunal did not raise any issue in order to render a finding on the said question. It is also MACA No. 2253/08 2 to be stated that if the claimant is a gratuitous passenger, then there is no liability for the Insurance Company and therefore the Insurance Company cannot be ordered to pay the amount and get it reimbursed. Therefore, the award under challenge is set aside and the matter is remitted back to the Tribunal for fresh consideration. The Insurance Company is directed to take notice to the other parties after it enters appearance. The Tribunal shall permit all the parties to produce documentary as well as oral evidence in support of their respective contentions and the Tribunal shall dispose of the matter in accordance with law. The Insurance Company is directed to appear before the Tribunal on 1.12.08. M.N.KRISHNAN, JUDGE vps MACA No. 2253/08 3