IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE A.K.BASHEER & THE HONOURABLE MR. JUSTICE P.Q.BARKATH ALI TUESDAY, THE 3RD AUGUST 2010 / 12TH SRAVANA 1932 MACA.No. 679 of 2004() ---------------------- (MACA.NO.489/1992 OF MACT, PATHANAMTHITTA) APPELLANT(S): APPELLANT/3RD RESPONDENT -------------------------------------- THE DIVISIONAL MANAGER, UNITED INDIA INSURANCE COMPANY LIMITED, KAYAMKULAM NOW REPRESENTED BY ITS ASSISTANT MANAGER, THIRD PARTY CLAIMS CELL, M.G.ROAD, KOCHI-16. BY ADV. SRI.MATHEWS JACOB, SENIOR ADVOCATE RESPONDENT(S): PETITIONER & RESPONDENTS 1 & 4 ------------------------------------------------------- 1. ARUJANAN PILLAI, S/O. SANKARANARAYANA PILLAI, KEEZHOTTU VADAKKETHIL VEETTIL, KALANJOOR. 2. PAPPU NARAYANAN, KOYANDIPPALLIL, KARUVATTA, ADOOR. 3. P.K.THANKAMANI, SUNIL VIHAR, THAZHATHUMON, ENATHU, PATTAZHY P.O. ADV. SRI.SUNIL JACOB JOSE FOR R1 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING COME UP FOR ADMISSION ON 03/08/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: A.K.BASHEER & P.Q.BARKATH ALI, JJ. - - - - - - - - - - - - - - - - - - - - - M.A.C.A. No.679 OF 2004 - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 3rd day of August, 2010 JUDGMENT Basheer, J. The short question that arises for consideration in this appeal is whether the Motor Accidents Claims Tribunal was justified in fastening the liability to pay compensation to the claimant on the appellant. 2. Admittedly, respondent No.1/claimant met with an accident while he was trying to alight from a lorry in which he was travelling as a passenger. According to respondent No.1/claimant, the driver of the offending vehicle moved it forward even before he was able to get down from the same. 3. It may at once be noticed that the specific case of the appellant/Insurance Company was that the claimant being a gratuitous passenger in a goods vehicle was not entitled to get compensation from the insurer. However, the Tribunal did not advert to the above aspect at all. As rightly pointed out by the learned senior counsel, who appears for the appellant, the claimant himself admitted that he was a passenger MACA.No.679/04 2 in the vehicle. He did not have a case that he was either an employee under the owner of the vehicle or that he was accompanying any of his goods in the said vehicle. His specific case admittedly was that he was travelling in the vehicle as a passenger. 4. Learned senior counsel has invited our attention to the decisions rendered by their Lordships of the Supreme Court in National Insurance Co.Ltd v. Baljit Kaur ( 2004(1) KLT 938(SC) and in New India Assurance Co.Ltd. v. Asha Rani( 2003(1)KLT 165 (SC) in this context. 5. However, learned counsel for the claimant made a persuasive plea before us that the award passed by the Tribunal does not call for any interference at the hands of this court at this distance of time as the accident had occurred in the year 1991 and especially since the Tribunal has awarded only a sum of Rs. 19,000/- to the claimant, though the injuries were very serious. 6. However, the fact remains that the claimant was travelling as a passenger in a goods vehicle with which he had absolutely no connection in any manner either as an employee or as a person MACA.No.679/04 3 accompanying his own goods. The policy issued by the appellant did not obligate the insurer to indemnify the owner of the vehicle in such a contingency. In that view of the matter, the direction issued by the Tribunal to the appellant to indemnify the owner cannot be sustained. Therefore, the impugned award to that extent is set aside. However, it will be open to the claimant to recover the amount from the owner and driver of the vehicle. 7. At this stage, learned senior counsel for the appellant points out that the appellant has already deposited 50% of the amount awarded in the case. Obviously, the amount must have been released to the claimant. Learned senior counsel submitted that there may be a direction to the Tribunal to return the amount to the appellant. We make it clear that if the amount has not been disbursed to the claimant already, the same shall the refunded to the appellant. The appeal is disposed of in the above terms. A.K.BASHEER, JUDGE sv P.Q.BARKATH ALI, JUDGE MACA.No.679/04 4 sv. MACA.No.679/04 5