IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE J.B.KOSHY & THE HONOURABLE MR. JUSTICE K.P.BALACHANDRAN TUESDAY, THE 21ST OCTOBER 2008 / 29TH ASWINA 1930 MACA.No.188 of 2003 (B) ------------------------------ OPMV.655/1999 of MOTOR ACCIDENT CLAIMS TRIBUNAL, THODUPUZHA .................... APPELLANT/CLAIMANT: ---------------------------- NAJEEB C.K., S/O. KHADER, AGED 33 YEARS, CHETTIPARAMBIL HOUSE, KATTIKUNNU BHAGOM, CHEMBU VILLAGE, KOTTAYAM DISTRICT. BY ADV. SRI.JOHN JOSEPH(ROY) SRI.JIJO ISAAC RESPONDENTS: RESPONDENTS: ------------------------------------- 1. SHAJI, S/O. ABU, AGED 36 YEARS, KALATHIPARAMBIL HOUSE, KATTIKUNNUKARA, CHEMBU P.O., VAIKKOM TALUK, KOTTAYAM DISTRICT. 2. V.V.SUGATHAN, VATTAPARAMBIL HOUSE, POTHY P.O., THALAYOLAPARAMBU, KOTTAYAM DISTRICT. 3. THE NEW INDIA INSURANCE COMPANY LTD., BRANCH OFFICE, ERNAKULAM. ADV. SRI.THOMAS MATHEW NELLIMOOTTIL FOR R3 SRI.P.P.JACOB FOR R1 SRI.P.GEORGE VARGHESE FOR R1 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 21/10/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: J. B. KOSHY & K. P. BALACHANDRAN, JJ. ------------------------------------------------ M. A. C. A. No.188 of 2003 ------------------------------------------------ Dated this the 21st day of October, 2008 JUDGMENT Koshy, J The appellant/claimant sustained injuries in a motor accident while travelling in a goods autorickshaw driven by the first respondent and owned by the second respondent. The accident happened due to the negligence of the driver of the autorickshaw/first respondent. According to the appellant, even though no goods were there in the autorickshaw he was going in the autorickshaw to hire a jeep to carry mangoes. Appellant being a passenger in a goods autorickshaw, is not entitled to insurance coverage in an Act policy. Apart from the above, driver of a goods autorickshaw shall not allow passengers to travel in the autorickshaw as there is no M. A. C. A. No.188 of 2003 -2- seat allotted to passengers to sit as per the permit conditions. Only one person can travel in the goods autorickshaw. There were four persons in the goods autorickshaw at the time of the accident. Apart from the fact that there is no insurance coverage for a passenger in a goods autorickshaw, there is also violation of policy conditions. The Tribunal has rightly rejected the claim against the Insurance Company, but found that the accident occurred due to the negligence of the driver of the autorickshaw and therefore, autorickshaw driver is made liable to pay compensation. Owner of the autorickshaw is also made liable to pay compensation vicariously. After going through the award, we are of the opinion that just and reasonable compensation was awarded by the Tribunal. Hence, no interference is required on the same. M. A. C. A. No.188 of 2003 -3- Appeal fails and is dismissed accordingly. J. B. KOSHY JUDGE K.P.BALACHANDRAN, JUDGE kns/-