IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.N.RAMACHANDRAN NAIR & THE HONOURABLE MR. JUSTICE K.SURENDRA MOHAN MONDAY, THE 30TH MARCH 2009 / 9TH CHAITHRA 1931 MACA.No. 1915 of 2005() ----------------------- OPMV.845/2001 of MOTOR ACCIDENT CLAIMS TRIBUNAL, MUVATTUPUZHA .................... APPELLANT(S): APPELLANT/PETITIONER: ----------------------------------- K.J. MATHEW @ MATTUKKUTTY, S/O. JOSEPH, AGED 47 YEARS, KOMETH HOUSE, ELAMBRA KARA, NELLIKUZHY P.O., KOTHAMANGALAM (BED RIDDEN), REP. BY HIS WIFE MARY MATHEW, AGED 42 YEARS, KOMATH HOUSE, ELAMBRA KARA, NELLIKUZHY P.O., KOTHAMANGALAM AS NEXT FRIEND AND LEGAL GUARDIAN. BY ADV. SRI.K.SUNILKUMAR RESPONDENT(S): RESPONDENT: -------------------------- 1. P.P. BABY, S/O. PAULOSE, PUNNACKAL HOUSE, PINDIMANA P.O.,KOTHAMANGALAM. 2. JOY JACOB, S/O. JACOB, PARAKUDIYIL HOUSE, KOOVAPPARA P.O., KUTTIYANCHAL, KOTHAMANGALAM. 3. THE BRANCH MANAGER, THE ORIENTAL INSURANCE CO. LTD., MARKET ROAD, MOOVATTUPUZHA. BY ADV. SRI.GEORGE CHERIAN (THIRUVALLA) FOR R3 BY ADV. SRI.ALEXANDER JOSEPH FOR R1,2 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 30/03/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: C .N. RAMACHANDRAN NAIR & K. SURENDRA MOHAN, JJ. -------------------------------------------- M.A.C.A. No. 1915 OF 2005 -------------------------------------------- Dated this the 30th day of March, 2009 JUDGMENT Ramachandran Nair,J. Heard counsel for the appellant and standing counsel appearing for the insurance company. Appeal is filed against the order of the MACT rejecting a claim petition for the reason that the accident is a "work spot accident" and not a motor accident. However, on going through the award we find that the MACT found that the accident happened while loading of timber on the truck. This Court has in the decision in RAJAN, P. V. JOHN, K.J., I.L.R. (2009) 1 Ker. 448 held that accident arising during loading and unloading of goods in a goods vehicle also is an accident arising on account of use of the vehicle. In view of position of law declared in the above referred decision, appellant is entitled to compensation for the injuries sustained by him while loading of goods. We therefore set aside the award of the Tribunal and remand the matter to the MACT for determination of 2 compensation after verifying the records and after taking evidence and after hearing both sides. Since the accident took place in early, 2001, there will be direction to the MACT to dispose of the case within a period of four months from the date of production of a copy of this judgment by the appellant. (C.N.RAMACHANDRAN NAIR) Judge. (K. SURENDRA MOHAN) Judge. kk 3