IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN FRIDAY, THE 17TH DECEMBER 2010 / 26TH AGRAHAYANA 1932 MACA.No. 1893 of 2010(C) ------------------------------------- [O.P(MV).NO.1653/2000 OF MOTOR ACCIDENTS CLAIMS TRIBUNAL, PATHANAMTHITTA] .................... APPELLANT/ 3RD RESPONDENT: ------------------------------------------------ THE ORIENTAL INSURANCE COMPANY LIMITED, THIRUVALLA, NOW REPRESENTED BY ITS ASSISTANT MANAGER, REGIONAL OFFICE, METRO PALACE, KOCHI-18. BY SRI.MATHEWS JACOB, SENIOR ADVOCATE, ADV. SRI.P.JACOB MATHEW. RESPONDENTS/PETITIONER & RESPONDENTS 1 & 2: ----------------------------------------------------------------------------- 1. NARENDRAN S/O.ADICHAN, PARACKADIVASAM, MUTHUPEZHUMKAL P.O., MLATHADOM, KONNY, PATHANAMTHITTA DISTRICT. 2. SANTHOSHKUMAR P.R., POOJAPARAMBIL VEEDU, MUTHUPEZHUMKAL, MLATHADOM, KONNY. 3. SANTHAKUMAR, SANTHABHAVAN, MURINJAKAL, KONNY, PATHANAMTHITTA DISTRICT. R3 BY ADVS. SRI. K.SHAJ, SRI.SAJJU.S. THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 17/12/2010,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: M.A.C.A. NO. 1893/2010-C: ORDER ON I.A. NO.2500/2010 IN M.A.C.A. NO. 1893/2010-C DISMISSED 17/12/2010. SD/- M.N.KRISHNAN, JUDGE. //TRUE COPY// P.A. TO JUDGE. Prv. M.N. KRISHNAN, J. ........................................... M.A.C.A.NO.1893 OF 2010 ............................................. Dated this the 17th day of December, 2010. J U D G M E N T This is an appeal preferred against the award of the Claims Tribunal, Pathanamthitta in OP(MV)No.1653/2000. According to the claimant, while he was attempting to get into the lorry to unload the goods loaded in the lorry, the driver of the lorry moved the vehicle which resulted in his fall and resulting in injuries to him. 2. The insurance company would contend that his status will be only that of a gratuitous passenger and not an employee of the insured and therefore the insurance company shall not be saddled with the liability. 3. This is a matter which requires some evidence. Status of the person can be decided only on the basis of the evidence. Unless the claimant is able to establish that he is an employee of the insured, the insurance company cannot be saddled with the liability under the terms and conditions of the policy. Therefore, I am inclined to grant an opportunity to the claimant to put forward his case so also the insurance company as well as the owner. : 2 : M.A.C.A.NO.1893 OF 2010 4. Therefore the award under challenge is set aside and the matter is remanded back to the Tribunal with a direction to permit all concerned to produce documentary as well as oral evidence in support of their respective contentions and then dispose of the matter in accordance with law. If the claimant does not appear before the Tribunal, notice shall be taken out to the claimant so that he can also be heard and the matter be proceeded. Parties are directed to appear before the Tribunal on 24.01.2011. Disposed of accordingly. M.N. KRISHNAN, JUDGE. cl : 3 : M.A.C.A.NO.1893 OF 2010 M.N. KRISHNAN, J. ........................................... A.S.NO.389 OF 2001 ............................................. 11th day of November, 2010. J U D G M E N T