IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN MONDAY, THE 4TH JANUARY 2010 / 14TH POUSHA 1931 MACA.No. 2122 of 2008() ----------------------- OPMV.1141/2005 of MOTOR ACCIDENT CLAIMS TRIBUNAL, PALA .................... APPELLANT(S): 3RD RESPONDENT: ------------------------------------------------------ THE ORIENTAL INSURANCE COMPANY LIMITED, KOTTAYAM NOW REPRESENTED BY ITS ASSISTANT MANAGER, REGIONAL OFFICE METRO PALACE, KOCHI-18. BY MR.MATHEWS JACOB, SENIOR ADVOCATE, BY ADV.MR.P.JACOB MATHEW. RESPONDENT(S): PETITIONER AND RESPONDENTS 1 & 2: --------------------------------------------------------------------------------------- 1. SHYAMKUMAR ,S/O. KUNJUKUNJU, CHERUVAMKALAYIL, MUTTUCHIRA, KOZHA P.O. 2. SAIMON KURIAN, NEEROZHUKKUMCHALIL HOUSE, ERAVIMANGALAM P.O.,MANJOOR. 3. SIMAN CYRIAC, DO..DO..... THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 04/01/2010 ALONG WITH MACA NO. 2081 OF 2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss ORDER ON I.A.NO.2531/2008 IN MACA NO.2122/2008 DISMISSED 4/01/2010 SD/- M.N.KRISHNAN, JUDGE /TRUE COPY/ P.A.TO JUDGE Kss M.N. KRISHNAN, J. ........................................... M.A.C.A.No.2122 OF 2008 & M.A.C.A.No.2081 OF 2009 ............................................. Dated this the 4th day of January, 2010 J U D G M E N T These appeals are preferred against the award of the Claims Tribunal, Pala in OP(MV)Nos.1141/2005 and 523/2006. In OP(MV)No.1141/2005 the Tribunal has awarded a sum of Rs.30,500/=. In MACA.No.2081/2009 which is preferred against OP(MV)No.523/2006 the Tribunal has awarded a compensation of Rs.24,823/=. 2. The case of the applicants was that they were travelling in a mini lorry along with the goods for the purpose of conduct of a marriage and it was in that process the accident took place resulting in injuries. It is contended that as they were persons accompanying the goods as the representative of the owner of the goods, they are entitled to be covered under Section 147 of the Motor Vehicles Act as amended by Act 54 of 1994. It is the well settled proposition by virtue of the decisions in [New India Assurance Co. Ltd. v. Asha Rani (2003 (3) KLT 165 (SC)] that under the : 2 : M.A.C.A.No.2122 OF 2008 & M.A.C.A.No.2081 OF 2009 provisions of the old Motor Vehicles Act of 1939 and prior to the amendment by Act 54 of 1994, the owner of the goods or the representative of the owner of the goods were not covered by the policy issued under Section 147(1). Admittedly, in this case the accident had taken place subsequent to the amendment which came into effect on 14.11.1994. But in order to succeed, the persons have to prove that they were the owner of the goods or the representative of the owner of the goods as envisaged under law. 3. A reading of the judgment rendered by the Tribunal would reveal that 16 persons were travelling in the plat form of a mini lorry accompanying the goods. In the decision reported in National Insurance Co. Ltd. v. Cholletti Bharatamma ( AIR 2008 SC 484) the Apex Court in para 19 made it very clear that the owner of the goods means only the person who travels in the cabin of the vehicle. The facts in the case are enumerated in para 13 of the judgment wherein also the facts are almost similar where the : 3 : M.A.C.A.No.2122 OF 2008 & M.A.C.A.No.2081 OF 2009 persons were travelling in a lorry carrying the goods for the conduct of a marriage. But the Apex Court held that in such cases there cannot be any coverage under Section 147 of the Motor Vehicles Act and negatived the liability of the insurance company. Therefore the finding of the Tribunal in both the cases that the insurance company is bound to pay the amount cannot be sustained and it has to be totally exonerated from the liability. 4. Therefore these appeals are allowed and the insurance company is exonerated from the liability and it is made clear that the claimants are at liberty to proceed against the driver and owner of the vehicle for the realisation of the amount under law. M.N. KRISHNAN, JUDGE cl : 4 : M.A.C.A.No.2122 OF 2008 & M.A.C.A.No.2081 OF 2009