IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE J.B.KOSHY & THE HONOURABLE MR. JUSTICE K.P.BALACHANDRAN MONDAY, THE 29TH SEPTEMBER 2008 / 7TH ASWINA 1930 MACA.No. 1191 of 2004() ----------------------- OPMV.49/1999 of MOTOR ACCIDENT CLAIMS TRIBUNAL, NEYYATTINKARA .................... APPELLANT/APPLICANT: -------------------- RETNAKARAN. S., S/O. SANKARAN NADAR, VADAKKUMKARA VEEDU, CHATHALAMPATTUKONAM, VEEDIVACHANCOIL P.O., TRIVANDRUM DISTRICT. BY ADV. SRI.NAGARAJ NARAYANAN SRI.SAIJO HASSAN SRI.A.S.SABU SRI.VIMAL KUMAR.A.V. SRI.A.G.GIRISH KUMAR RESPONDENTS: RESPONDENTS: --------------------------- 1. UNNIKRISHNAN NAIR, SANTI BHAVAN, ELAMANOORKKONAM, NEDUMANGAD P.O., TRIVANDRUM. 2. M/S. UNITED INDIA INSURANCE COMPANY LIMITED, C.W.C. BUILDING, L.M.S. COMPOUND, PALAYAM, TRIVANDRUM. ADV. SRI.A.R.GEORGE FOR R2 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 29/09/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: J.B. Koshy & K.P. Balachandran, JJ. -------------------------------------- M.A.C.A. No.1191 of 2004 --------------------------------------- Dated this the 29th day of September, 2008 Judgment Koshy,J. Appellant/Petitioner, while travelling in his own autorickshaw, sustained injuries when the autorickshaw capsized. He claimed compensation from the insurance company as his driver was negligent. The claim was filed under section 163-A. It is true that section 163-A imposes strict liability on the owner of the vehicle (if insured on the insurance company) without looking into the aspect of negligence, but, it is well settled law that unless there is specific policy condition covering the owner of the vehicle insured, insurance company cannot pay the compensation. Ext.B1 is the copy of the insurance policy and in the insurance policy, risk of the insured is not specifically covered. What is covered is liability of the owner in respect of payment of compensation to third parties, passengers and employees. The Hon'ble Supreme Court in Oriental Insurance Company Ltd. v. Rajni Devi and others ((2008) 5 SCC 736) also held that insured cannot claim compensation from the insurance company unless specifically covered even in a claim M.A.C.A.No.1191/2004 2 under section 163-A. In view of the above, claim was rejected by the Tribunal. We see no ground to interfere in the same. Appeal is dismissed. J.B.Koshy Judge K.P. Balachandran Judge vaa M.A.C.A.No.1191/2004 3 J.B. KOSHY AND K.P.Balachandran,JJ. ------------------------------------- M.A.C.A. No.1191/2004 ------------------------------------- Judgment Date:29th September,2008