IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.N.RAMACHANDRAN NAIR & THE HONOURABLE MR. JUSTICE HARUN-UL-RASHID TUESDAY, THE 18TH NOVEMBER 2008 / 27TH KARTHIKA 1930 MACA.No. 210 of 2003() ---------------------- OPMV.806/1996 of MOTOR ACCIDENT CLAIMS TRIBUNAL, THODUPUZHA .................... APPELLANT(S): APPELLANT/PETITIONER: ----------------------------------- SUMESH, S/O. DIVAKARAN, KOCHUKUDIYIL HOUSE, UPPUTHARA VILLAGE, PEERMEDU TALUK. BY ADV. SRI.PHILIP T.VARGHESE SRI.THOMAS T.VARGHESE RESPONDENT(S): RESPONDENTS: --------------------------- 1. K.M.BASHEER, AKKOTH HOUSE, CHERUTHONI P.O. VAZHATHOPPU, IDUKKI. 2. MEVI, S/O. ANTONY, NJAVALUNKAL HOUSE, ELAPPARA KARA, ELAPPARA VILLAGE. 3. THE ORIENTAL INSURANCE CO. LTD., REPRESENTED BY ITS BRANCH MANAGER, THODUPUZHA. ADV. SRI.MATHEW JOHN (K) FOR R1 SRI.SUJESH MENON V.B. FOR R1 SRI.P.FAZIL FOR R2 SRI.P.JAYABAL MENON FOR R2 SRI.MATHEWS JACOB (SR.) FOR R3 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 18/11/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: C.N.RAMACHANDRAN NAIR & HARUN-UL-RASHID, JJ. ----------------------------------------- M.A.C.A No.210 of 2003 ----------------------------------------- Dated this the 18th day of November , 2008 JUDGMENT Ramachandran Nair .J, This appeal is filed for enhancement of compensation for the injuries sustained by the appellant in a road accident. The appellant while travelling in a jeep sustained injuries when the jeep capsized. We have heard counsel appearing for the appellant and standing counsel appearing for the Insurance Company. The M.A.C.T. proceeded to award compensation against the Insurance Company on the assumption that the 'act only policy' covers passengers inside the private vehicle. The award was passed by the M.A.C.T. before the date of passing of judgment in United India Insurance Co.Ltd Vs. Tilak Singh 2006(2) KLT 884 SC. The compensation settled by the M.A.C.T. now is in favour of the Insurance Company by virtue of the decision of the Supreme Court in Tilak Singh's case cited supra, where under the Insurance Company is not liable to pay the compensation to a passenger in a private vehicle. However, since the Insurance Company has not filed any appeal, the appellant is entitled to claim the compensation awarded by the M.A.C.T. The counsel pointed out that there is a mistake in calculating the award amount as 54,697/-( rounded to Rs. 54,700/-) and actually the award amount will come to Rs. 56,497/- (rounded to Rs. 56,500/- ). We carry out this correction by directing the Insurance Company to pay Rs. 56,500/- with interest at the rate given by the M.A.C.T. However there is no scope for M.A.C.A. No. 210 of 2003 -2- considering the enhancement because now the Insurance Company has no liability to pay the compensation by virtue of the decision of the Supreme Court in Tilak Singh's case cited supra. This appeal is disposed of as above. (C.N.RAMACHANDRAN NAIR,JUDGE) (HARUN-UL-RASHID, JUDGE) es. C.N.RAMACHANDRAN NAIR & HARUN-UL-RASHID, JJ. ------------------------------- M.A.C.A No. 210 of 2003 ---------------------------- JUDGMENT 18th November, 2008