IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN THURSDAY, THE 23RD OCTOBER 2008 / 1ST KARTHIKA 1930 MACA.No. 1060 of 2008() ----------------------- OPMV.1517/2001 of MOTOR ACCIDENT CLAIMS TRIBUNAL, IRINJALAKUDA .................... APPELLANT/ 3RD RESPONDENT ---------------------------------- NATIONAL INSURANCE CO. LTD. REP. BY ITS MANAGER, 3RD PARTY WING, OMANA BUILDING, PADMA JUNCTION, KOCHI-35 BY ADV. SRI.P.R.RAMACHANDRA MENON RESPONDENTS/ PETITIONER AND RESPONDENTS 1 & 2 RESPECTIVELY ------------------------------------------------------------------------------- 1. ESWIN SUGUNAN, AGED ABOUT 23 YEARS S/O. SUGUNAN, RAIN BOW HOUSE, VYTILA, S.H.LANE, COCHIN – 19 2. SUGUNAN, RAIN BOW HOUSE, VYTILA, S.H.LANE, COCHIN – 19 3. HARILAL, S/O. KRISHNANKUTTY, ARUKETTIL HOUSE, KUNDALIYOOR DESOM, ENGANDIYOOR. ADV. SRI.M.R.SASITH FOR R1 SRI.K.K.SUNIL KUMAR (IDUKKI) FOR R3 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING COME UP FOR ADMISSION ON 23/10/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: MACA No. 1060/08 ORDER ON IA No. 1287/08 IN MACA No.1060/08 DISMISSED 23.10.08 SD/- M.N.KRISHNAN, JUDGE /TRUE COPY/ PA TO JUDGE. M.N.KRISHNAN, J. -------------------------- M.A.C.A No. 1060 OF 2008 --------------------- Dated this the 23rd day of October, 2008 JUDGMENT This appeal is preferred against the award passed by the Motor Accident Claims Tribunal,Irinjalakuda, in OP(MV) 1517/01. The claimant, a passenger in a private car, sustained injuries in a road accident. The Insurance Company contended that being a passenger in a private car and as wider premium is not collected, his status is that of a gratuitous passenger and therefore the Insurance Company is not liable to indemnify. Learned counsel for the Insurance Company made available before me for perusal a copy of the additional written statement wherein it is specifically contended that the policy does not cover the passenger. Unfortunately, the said point has not been considered and the issue has not been raised. Therefore, the matter requires interference. The award under challenge is set aside and the matter is remitted back to the Tribunal to decide the inter se liability between the insurer and the insured and as to whether the claimant will be entitled to claim any compensation from the Insurance Company. Parties are permitted to produce documentary as well as oral evidence in support of their respective contentions and the Tribunal shall dispose of the matter in accordance with law. Parties are directed to appear before the Tribunal on 10.12.08. M.N.KRISHNAN, JUDGE vps MACA No. 1060/08 2