IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN MONDAY, THE 14TH DECEMBER 2009 / 23RD AGRAHAYANA 1931 MACA.No. 3106 of 2008(G) ------------------------------------- AGAINST THE ORDER DATED 25/08/2008 IN O.P(MV).NOS. 703/04 & 704/2004 OF MOTOR ACCIDENT CLAIMS TRIBUNAL, PERUMBAVOOR. .................... APPELLANT/PETITIONER: ------------------------------------- VISWANATHAN, S/O.PURUSHOTHAMAN, KOCHUMUGHALIL THAZHATH HOUSE, RAYIKKADKULANGARA, ALAPPUZHA. BY ADV. MR.K.I.ABDUL RASHEED. RESPONDENT/RESPONDENTS: --------------------------------------------- 1. KAMALUDHEEN. S., 7/429,PANTHARAKKUZHIYIL, PAZHAKULAM P.O. ADOOR, PATHANAMTHITTA DISTRICT. 2. SURESH, S/O.GOPALAN,SURENDRA BHAVANAM, MELOORATTU KARA, PAZHAKULAM VILLAGE, ADOOR TALUK, PATHANAMTHITTA DISTRICT. 3. UNITED INDIA INSURANCE CO.LTD., JOSE TRUST BUILDING, P.B.NO.3644, CHITTOR ROAD, KOCHI -282 035. R3 BY ADV. SMT.K.SHERIN MOHAN. THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 14/12/2009,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: prv. M.N. KRISHNAN, J. ........................................... M.A.C.A.No.3106 OF 2008 ............................................. Dated this the 14th day of December, 2009 J U D G M E N T This is an appeal preferred against the award of the Claims Tribunal, Perumbavoor in OP(MV)No.704/2004.The original petition along with OP.(MV)No.703/2004 was disposed of by a common judgment on 25.8.2008 and an appeal was preferred against OP.(MV)No.703/2004 which I disposed of as per the judgment in MACA.No.14/2009 on 17.9.2009. The question raised in this case is with respect to the status of the persons travelling in the vehicle, i.e., whether they are representatives of the owner of the goods. After an elaborate consideration of the materials available in MACA.No.14/2009, I had given the guidelines to be followed and then remanded the case for disposal by the Tribunal. 2. Since the subject matter is the same and the issue also is the same, this matter also requires remand by this Court. Therefore, the award under challenge is set aside so far as it relates to the liability of the insurance company is concerned, and the matter is remitted back to the Tribunal : 2 : M.A.C.A.No.3106 OF 2008 with a direction to consider the points already discussed and dealt with in MACA.No.14/2009. The parties are directed to appear before the Tribunal on 20.01.2010. Disposed of accordingly. M.N. KRISHNAN, JUDGE cl : 3 : M.A.C.A.No.3106 OF 2008