IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN WEDNESDAY, THE 28TH JULY 2010 / 6TH SRAVANA 1932 MACA.No. 1348 of 2010(F) ------------------------------ OPMV.2346/2003 of MOTOR ACCIDENT CLAIMS TRIBUNAL, THRISSUR .................... APPELLANT(S): 2ND RESPONDENT IN OPMV 2346/03 ------------------------------------------------------------ NATIONAL INSURANCE COMPANY LTD., BRANCH OFFICE TRICHUR, REPRESENTED BY ITS MANAGER, REGIONAL OFFICE, OMANA BUILDINGS, M.G.ROAD, ERNAKULAM. BY ADV. SRI.LAL GEORGE RESPONDENT(S): CLAIMANTS AND 1ST RES. IN OPMV 2346/03 ------------------------------------------------------------------------- 1. ANNIS, AGED 58 YEARS, W/O. CHANDRAN, AYSWARIA, UDAYANAGAR IIND STREET, KUMARANELLUR P.O., ENAKKAD, WADAKKANCHERY, THRISSUR. 2. C.R.CHANDRAN, AYSWARIA, UDAYANAGAR IIND STREET, KUMARANELLUR P.O., ENAKKAD, WADAKKANCHERY, THRISSUR. THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING COME UP FOR ADMISSION ON 28/07/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: M.N. KRISHNAN, J. = = = = = = = = = = = = = = M.A.C.A. NO. 1348 OF 2010 = = = = = = = = = = = = = = = Dated this the 28th day of July, 2010. J U D G M E N T This appeal is preferred against the award of the Motor Accidents Claims Tribunal, Thrissur in O.P.(MV)2346/03. The claimant has been awarded a compensation of Rs.52,600/- and the insurance company is directed to pay the amount. The appeal is preferred by the insurance company contending that the contention of the company in the written statement is not all considered by the Tribunal, therefore it requires interference. 2. Learned counsel for the appellant had made available before me a copy of the additional written statement filed before Court. The petitioners were passengers in a private car and the question that the insurance company had raised is that the vehicle was covered only by an Act only policy and therefore by virtue of the position that the passengers in a private car are not third parties, their status will be that of a gratuitous passengers M.A.C.A. 1348 OF 2010 -:2:- and as no additional premium is paid they are not covered under the policy. I will extract the statement of the insurance company as follows. “The Policy insured to the vehicle KR/E/8614 does not cover the risk of passengers travelling in a car. No premium is collected towards travelling in the car since the petitioner is not covered by the policy, this respondent is not liable to pay compensation.” 3. It has also to be stated that the Tribunal had not considered this question at all and that had resulted in the non consideration of the said issue which is a fatal issue so far as the insurance company is concerned. There is no point in inviting all the people to this Court for the reason that the matter requires consideration and evidence at the hands of the Tribunal. 4. Therefore the award under challenge is set aside and the matter is remitted back to the Tribunal with a direction to consider the points raised by the insurance company and for the said purpose the Tribunal shall permit M.A.C.A. 1348 OF 2010 -:3:- all the parties concerned to produce documentary as well as oral evidence in support of their respective contentions. Since the appeal is disposed of at the admission stage itself the insurance company is directed to take out notice to the other parties after it enters appearance before the Tribunal. The insurance company is directed to appear before the Tribunal on 12.9.10. M.N. KRISHNAN, JUDGE. ul/-