IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE A.K.BASHEER & THE HONOURABLE MR. JUSTICE M.L.JOSEPH FRANCIS MONDAY, THE 20TH DECEMBER 2010 / 29TH AGRAHAYANA 1932 MACA.No. 2824 of 2009() ----------------------- OPMV.1516/2003 of MOTOR ACCIDENT CLAIMS TRIBUNAL, NEYYATTINKARA .................... APPELLANT(S): 3RD RESPONDENT IN THE OP -------------------------------------- UNITED INDIA INSURANCE CO.LTD., THIRUVANANTHAPURAM REP.BY THE DEPUTY MANAGER, UNITED INDIA INSURANCE CO.LTD., REGIONAL OFFICE ERNAKULAM, SARANYA, HOSPITAL ROAD, KOCHI-11. BY ADV. SRI.A.R.GEORGE RESPONDENT(S): CLAIMANT & 1ST RESPONDENT IN THE OP -------------------------------------------------- 1. THANKABAI,W/O.LATE DAS @ CHRISTUDAS, ODALVILA VEEDU, PUTHEN CHANTHAI, PARASSALA P.O. THIRUVANANTHAPURAM DISTRICT. 2. REEBA,D/O.LATE DAS @ CHRISTUDAS, -DO- DO 3. D.ANAND, S/O. LATE DAS @ CHRISTUDAS -DO- -DO- 4. ARUN D., S/O.LATE DAS @ CHRISTUDAS -DO- -DO- 5. SOBHA D., D/O LATE DAS @ CHRISTUDAS -DO- -DO- 6. MA NAZAR, AYATH MANZIL, COURT ROAD, ALATHOOR, PALAKKAD. 7. RIJU JOSEPH, PUTHUSSERY, TABORE P.O., DAVAGIRI, KERALA. (RESPONDENTS 2 TO 5 (MINOR) RESPONDENT BY MOTHER 1ST RESPONDENT AS THEIR GUARDIAN) ADV. SRI.JOHNSON P.JOHN FOR R6 SRI.BABY MATHEW FOR R6 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 20/12/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: A.K.BASHEER,J & M.L.JOSEPH FRANCIS, J ------------------------------------------------------------------- MACA.NO.2824 OF 2009 ---------------------------------------- Dated this the 20th day of December, 2010 JUDGMENT This appeal is directed a common award passed in a batch of claim petitions by the victims of a road traffic accident. The main contention raised by the appellant/Insurance company in this appeal is that the appellant can not be held liable to indemnify the owner of the vehicle since the victims were being carried in the offending Goods vehicle as gratuitous passengers. We do not propose to go into the tenability of the above question since it is brought to our notice that the connected appeals which arose from the same common award have already been heard and disposed of by a learned single judge of this Court remanding those cases to the tribunal for fresh consideration in terms of the directions issued in that judgment. In that view of the matter, the appeal, impugned award in this case is also set aside. The case is remanded to the Tribunal for fresh consideration in accordance with law. The tribunal shall dispose of the case along with the connected claim petitions in terms of the directions issued by the learned single judge. A.K.BASHEER,JUDGE M.L.JOSEPH FRANCIS,JUDGE pm