IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE A.K.BASHEER & THE HONOURABLE MR. JUSTICE P.Q.BARKATH ALI TUESDAY, THE 12TH OCTOBER 2010 / 20TH ASWINA 1932 MACA.No. 1532 of 2004() ----------------------- ( O.P.(MV)NO.87/1999 OF MACT, PERUMBAVOOR) APPELLANT(S): APPELLANT/3RD RESPONDENT -------------------------------------- THE ORIENTAL INSURANCE CO.LTD., REPRESENTED BY ITS MANAGER, REGIONAL OFFICE, METRO PLAZA, NORTH RAILWAY STATION ROAD, ERNAKULAM. BY ADV. SRI.VPK.PANICKER RESPONDENT(S): RESPONDENTS 1,2 & CLAIMANT ----------------------------------------- 1. K.C.ABRAHAM, S/O. CHACKO, CHERULLIL HOUSE, IRUMBANAM, TRIPUNITHURA. 2. BIJU S/O. AYYAPPAN, MOLEKUDY HOUSE, PIRAKUNAM KARA, KUTTAMANGALAM VILLAGE, KOTHAMANGALAM TALUK. ( DELETED) 3. K.G.RAMAKRISHNAN S/O. GOVINDAN, KANNIKOTHAN HOUSE, MALAYATTOOR. Second respondent is deleted from the party array vide order dated 12-10-2010 in I.A.No.2616/2010 ADV. SRI.SUNU P.JOHN FOR R1 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 12/10/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: A.K.BASHEER & P.Q.BARKATH ALI, JJ. - - - - - - - - - - - - - - - - - - - - - M.A.C.A.No.1532 OF 2004 - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 12th day of October, 2010 JUDGMENT Basheer, J. When this appeal is taken up for consideration, it is brought to our notice that another Division Bench of this court had considered some connected appeals that arose from the impugned common award passed by the Tribunal. The Division Bench held that all the claimants except one, were travelling in the lorry as gratuitous passenger and therefore they would not be liable to be compensated by the Insurance Company. Thus the appellant/Insurance Company was exonerated. A copy of the judgment rendered by the Division Bench in M.A.C.A.No.1393/2004 and connected cases has been made available for our perusal. As indicated earlier, this appeal also arises from the same common award which was the subject matter of those appeals. Following the dictum laid down in the judgment in M.A.C.A.No.1393/2004 and connected cases, it is held that the appellant/Insurance company shall not be liable to pay compensation to respondent No.1/claimant. The appeal is allowed in the above terms. A.K.BASHEER, JUDGE sv P.Q.BARKATH ALI, JUDGE MACA.No.1532/2004 2 sv. MACA.No.1532/2004 3