IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE J.B.KOSHY & THE HONOURABLE MRS. JUSTICE K.HEMA TUESDAY, THE 19TH FEBRUARY 2008 / 30TH MAGHA 1929 MACA.No. 24 of 2003() --------------------- OPMV.2787/1994 of MOTOR ACCIDENT CLAIMS TRIBUNAL, KOTTAYAM .................... APPELLANT/2ND RESPONDENT IN M.V.O.P.: ------------------------------------------------------------------- THE ORIENTAL INSURANCE CO.LTD., KOTTAYAM, REPRESENTED BY THE DEPUTY MANAGER, MOTOR THIRD PARTY CLAIMS CELL, REGIONAL OFFICE, NORTH RAILWAY STATION ROAD, ERNAKULAM, COCHIN-682 018. BY ADV. SRI.M.JACOB MURICKAN RESPONDENTS: PETITIONER & 1ST RESPONDENT IN M.V.O.P. --------------------------------------------------------------------------------------------- 1. SUMESH (MINOR), KUNNUMPURATH HOUSE, MANARCADU KARA, REPRESENTED BY HIS NEXT FRIEND AND FATHER SATHYAPALAN K.K., KUNNUMPURATH HOUSE, VENNASSERI BHAGOM, MANARCADU KARA, MANARCADU VILLAGE. 2. RAJESH. K., S/O. DIVAKARAN, KUNNUMPURATH HOUSE, VENNASSERI BHAGOM, MANARCADU KARA, MANARCADU VILLAGE, KOTTAYAM DISTRICT. R1 BY ADV. SRI.BIMAL K.NATH THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 19/02/2008 ALONG WITH M.A.C.A.NO.25 OF 2003, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ORDER ON I.A.NO.104/2003 IN M.A.C.A.NO.24/2003 DISMISSED 19/02/2008 SD/-J.B.KOSHY, JUDGE SD/-K.HEMA, JUDGE /TRUE COPY/ P.A.TO JUDGE Kss J.B.KOSHY & K.HEMA, JJ. -------------------------------------- M.A.C.A.Nos.24 & 25 OF 2003 ------------------------------------- Dated 19th February, 2008 JUDGMENT Koshy,J . These two appeals are filed by insurance company questioning the award of the Motor Accidents Claims Tribunal. First respondent in these cases sustained injuries in a motor accident while they were travelling as passengers in an autorickshaw. Second respondent was the owner-cum-driver of the autorickshaw. Contention of the appellant insurance company is that since the claimants were travelling in a goods autorickshaw, they were not entitled to insurance coverage. Tribunal relied on the decision of the Supreme Court in New India Assurance Co. Ltd. v. Satpal Singh ((2000) 1 SCC 237). But, it was overruled by the Supreme Court in New India Assurance Co. Ltd. v. Asha Rani and others ((2003) 2 SCC 223). The accident occurred on 16.9.1994. Since the accident occurred before the amendment of Act, with effect from 14.11.1994, even if claimants were travelled in their own goods autorickshaw, they were not entitled for insurance coverage as held by the Supreme Court in National Insurance Co. Ltd. v. V. Chinnamma and others ((2004) 8 SCC 697). However, Satpal Singh's case (supra) was overruled by the Supreme Court only in 2003. MACA.24 & 25/2003 2 Supreme Court directed the insurance company to deposit the amount and recover the amount from the insured by execution of the award (National Insurance Co. Ltd. v. Baljit Kaur and others (AIR 2004 SC 1340) and Oriental Insurance Co. Ltd. v. Nanjappa and others (2004 AIR SCW 952) etc.). Therefore, the insurance company shall deposit the amount awarded and is allowed to recover the amount deposited from the insured in execution of the award. Both appeals are allowed to the above extent. J.B.KOSHY JUDGE K.HEMA JUDGE tks