IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN WEDNESDAY, THE 30TH JUNE 2010 / 9TH ASHADHA 1932 MACA.No. 2983 of 2009() ----------------------- OPMV.443/2003 of MOTOR ACCIDENT CLAIMS TRIBUNAL, NEYYATTINKARA .................... APPELLANT(S)/4TH RESPONDENT: --------------------------------------- UNITED INDIA INSURANCE CO.LTD. THIRUVANANTHAPURAM, REP BY THE DEPUTY MANAGER UNITED INDIA INSURANCE CO.LTD REGIONAL OFFICE ERNAKULAM , SARANYA, HOSPITAL ROAD, KOCHI-11 BY ADV. SRI.A.R.GEORGE RESPONDENT(S)/CLAIMANT & RESPONDENTS 1 TO 3: ----------------------------------------------------------- 1. DEVADAS, S/O KOCHAPPI NADAR, KAKKALAMCODE MEKKEKARA VEEDU, MALAMARI, KANYAKUMARI DISTRICT, NOW RESIDING AT BINDHU NIVAS, CHERUVARAKONAM, PARASSALA PO, THIRUVANANTHAPURAM DISTRICT. 2. M.A.NAZAR,AYAH MANZIL,COURT ROAD, ALATHOOR,PALAKKAD. 3. JOY,S/O.ITTOOP,KAREDATHU VEEDU, AZHAKAMKARU,MOOKKANOOR VILLAGE, ERNAKULAM DISTRICT. 4. RIJU,S/O.JOSEPH P.J, MPI CHALAKKUDY,PUTHUSSERY HOUSE, TABORE P.O,ERNAKULAM DISTRICT. ADV. SRI.JOHNSON P.JOHN FOR R2 SRI.BABY MATHEW FOR R2 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 30/06/2010, ALONG WITH MACA 2984/09 AND OTHER CONNECTED CASES, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: M.N. KRISHNAN, J. = = = = = = = = = = = = = = M.A.C.A. Nos.2983, 2984,2985, 2987,2989 & 2990 OF 2009 = = = = = = = = = = = = = = = Dated this the 30th day of June, 2010. J U D G M E N T All these appeals are preferred against the award of the Motor Accidents Claims Tribunal, Neyyttinkara. MACA 2983/09 is filed against O.P.(MV)No.443/03, MACA 2984/09 is filed against O.P.(MV)No.1753/03, MACA 2985/09 is filed against O.P.(MV)No.451/03, MACA 2987/09 is filed against O.P.(MV)No.1697/03, MACA 2989/09 is filed against O.P. (MV)No.1492/03 and MACA 2990/09 is filed against O.P.(MV) No.1696/03. All these appeals are filed by the insurance company against the award of the Tribunal thereby the Tribunal had taken three of the highest awards and directed to apportion the amount in the light of the decision reported in 2007 (3) KLT 993 National Insurance Company v. Anjana Shyam). About 10 persons were travelling in a lorry which was authorized to carry the driver, cleaner and one person and that were the terms and conditions of the policy. M.A.C.A. No.2983/09 and con. cases -:2:- Driver and cleaner are the named persons and therefore the entitlement was only to carry one person. Unfortunately seven cases had arisen out of the accident and so what shall be the liability is the question. 2. In Anjana Shyam's case 90 persons were carried in a vehicle which was permitted to carry only 42 passengers. The Hon'ble Supreme Court held that the insurance company cannot get out of their liability for 42 passengers and therefore held that in order to do maximum justice to the victims to take out the highest of the 42 awards and apportion the compensation among the 90 and pay the balance by the owner of the vehicle. So the dictum laid down in Anjana Shyam's case is to the effect that the permissible passengers are liable to be covered and for that the insurance company shall be saddled with the liability and it cannot have a total exoneration of the liability for the reason that excess passengers were carried in the vehicle. Applying the said dictum to the facts of the present case the M.A.C.A. No.2983/09 and con. cases -:3:- permissible number of passengers to be carried in the lorry as per the terms and conditions was only one. So only one person's liability is to be met besides the liability if any to the driver and the owner. Therefore the principle to be adopted in the case is to take the highest award, then apportion it among all as laid down in Anjana Shyam's case and to pass revised awards. Therefore the awards under challenge are set aside and the matter is remitted back to the Tribunal with a direction to pass independent proper awards in accordance with the principles laid down in Anjana Shyam's case and as indicated by me in the previous paragraphs. Parties are directed to appear before the Tribunal on 2.8.2010. Till that time the amount deposited shall be kept in the Court deposit and thereafter be disbursed in accordance with law. M.N. KRISHNAN, JUDGE. ul/-