IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE J.B.KOSHY & THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN FRIDAY, THE 18TH JULY 2008 / 27TH ASHADHA 1930 MACA.No. 1923 of 2006() ----------------------- OPMV.1917/2001 of MOTOR ACCIDENT CLAIMS TRIBUNAL, MUVATTUPUZHA .................... APPELLANT/PETITIONER: -------------------------------------- MATHAI, AGED 40 YEARS, SON OF VARGHESE, PUTHUSSERY HOUSE, PANIPRA KARA, THRIKKARIYOOR VILLAGE. BY ADV. SRI.ANIL S.RAJ SMT.K.N.RAJANI SMT.MANJUSHA MOHANDAS RESPONDENTS: RESPONDENTS: ---------------------------------- 1. PAREETH, S/O. IBRAHIM, INCHAKKUDY HOUSE, PANIPRA KARA, THRIKKARIYOOR VILLAGE, KOTTAPPADY. 2. THE ORIENTAL INSURANCE COMPANY LIMITED, KOTHAMANGALAM BRANCH. BY ADV. SRI.GEORGE CHERIAN (THIRUVALLA) FOR R2 SRI.P.V.BABY FOR R1 SRI.JOSHY THANNICKAMATTAM FOR R1 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 18/7/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: J.B.KOSHY & P.N.RAVINDRAN,J J. ====================================== MACA No.1923 of 2006 ====================================== Dated this the 18th day of July 2008 JUDGMENT Koshy, J. The appellant sustained injuries in an accident. Finding of the Tribunal is that the accident was occurred due to the negligence of the first respondent/driver of the lorry in which he was travelling. It is a goods vehicle. According to the Tribunal, since the appellant has travelled in a goods vehicle, even the owner of the vehicle is not liable to pay compensation. Insurance Company is also not liable to pay compensation. It is now settled law after the decision in New India Insurance Co.Ltd. v Asha Rani (2003(2) SCC 223), the Insurance Company is not liable to pay compensation for injuries sustained for a person travelled in a goods vehicle. But, here, the first respondent was the owner-cum-driver of the vehicle involved in the accident. He allowed the petitioner to travel in the lorry as a passenger. He cannot escape from the liability. Therefore, we are of the opinion that the amount of compensation of Rs.57,800/- should be deposited by the first respondent with 7% interest on the date of application till deposit. On the other hand, the Insurance Company is exonerated from the liability as held by the Tribunal. The award of the Tribunal is modified as above. Appeal is allowed. J.B.KOSHY, JUDGE P.N.RAVINDRAN, JUDGE css/ J.B.KOSHY & P.N.RAVINDRAN, J. MACA No.1923/2006 JUDGMENT 18.07.2008