IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.N.RAMACHANDRAN NAIR & THE HONOURABLE MR. JUSTICE HARUN-UL-RASHID WEDNESDAY, THE 10TH DECEMBER 2008 / 19TH AGRAHAYANA 1930 MACA.No. 1232 of 2006(A) ----------------------- OPMV.3082/1997 of MOTOR ACCIDENT CLAIMS TRIBUNAL, ERNAKULAM .................... APPELLANT/PETITIONER: --------------------------- BINDU D/O. THANKAPPAN, ILLIKKAL HOUSE, KUREEKKADU, CHOTTANIKKARA. BY ADV. SRI.VIVEK VARGHESE P.J. RESPONDENTS/RESPONDENTS: --------------- 1. T.K. SAJAN, THATTAMPARAMBIL HOUSE, IRUMBANAM P.O., TRIPUNITHURA. 2. P. SANTHOSH, NAMPITHANATHU HOUSE, PADINJAREMURI, VAIKOM. 3. THE ORIENTAL INSURANCE CO.LTD., COCHIN-24. R3 BY ADV. SRI.M.JACOB MURICKAN, SC THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 10/12/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: C .N. RAMACHANDRAN NAIR & HARUN-UL-RASHID, JJ. -------------------------------------------- M.A.C.A. No. 1232 OF 2006 -------------------------------------------- Dated this the 10th day of December, 2008 JUDGMENT Ramachandran Nair,J. Appeal is filed challenging the order of the MACT declining to grant any compensation for the injuries sustained by the appellant in a road accident. Appellant put forward a case that while she was travelling in a van owned by the drama troop in which she was an actress, the driver applied sudden brake and she fell down sustaining injuries. However, the case of the insurance company is that there was no accident, and appellant suffered the injuries on account of stone throwing by external party who came to see the drama performance of the troop of which appellant was a member. Even though we believe that injury was on account of stone throwing from outside, we still feel that appellant's claim cannot be rejected because appellant sustained injury while she was a passenger in the van which is a private service vehicle permitted to carry troop members. Admittedly injury was 2 sustained by the appellant on account of stone throwing from outside while appellant was seated in the van which was to commence it's journey. A person should be taken as a passenger ever since he/she boards the vehicle and until he/she alights from it on completion of journey. Since the injury was sustained on account of stone throwing from outside when the appellant was a passenger in the vehicle, we feel she is entitled to compensation. Considering the injury sustained by the appellant, which is loss of five teeth and injury to some others, we grant a total compensation of Rs. 40,000/- without any interest with direction to insurance company to make payment to the appellant within six weeks from the date of receipt of a copy of this judgment by the company. Appeal stands allowed as above. (C.N.RAMACHANDRAN NAIR) Judge. (HARUN-UL-RASHID) Judge. kk 3