IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN WEDNESDAY, THE 2ND DECEMBER 2009 / 11TH AGRAHAYANA 1931 MACA.No. 1217 of 2009(D) --------------------------- OPMV.490/2000 of MOTOR ACCIDENT CLAIMS TRIBUNAL, PALAKKAD .................... APPELLANT(S): IST RESPONDENT IN OP(MV) ------------------------------------------------------- SIVAN, S/O.SWAMINATHAN, 3/335, PANAMKUTTI, PARUVEMBU, PALAKKAD DISTRICT.(OWNER OF KLL 9579 TEMPO). BY ADV. SRI.K.LAKSHMINARAYANAN SMT.SATHYA SHREEPRIYA RESPONDENT(S): PETITIONER & R2 & 3 IN OP(MV) ----------------------------------------------------------- 1. MADHAVAN, S/O.ECHARAN, AGED 37 YEARS, MARAPADAM HOUSE, KUNISSERI ALATHUR TALUK, PALAKKAD DISTRICT. 2. SANTHOSH.P., S/O.PALANIMALA, AGE NOT KNOWN, 19/2000, THIRUVEMBALLUR, VEMBALLUR, VEMBALLUR P.O., PALAKKAD DISTRICT. (DRIVER OF TEMPO NO.KLL 9579) D.L.NO.1988/99. (VALID FROM 23-08-99 TO 22-08-2019). 3. UNITED INDIA INSURANCE COMPANY LTD., PALAKKAD.(INSURANCE OF TEMPO NO.KLL 9579). CERTIFICATE NO.366391. VALID FROM 19-05-99 TO 18-05-2000). ADV. SRI.RAJESH SIVARAMANKUTTY FOR R2 SRI.P.K.MOHANAN(PALAKKAD) FOR R1 SMT.T.C.SOWMIAVATHY FOR R3 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 02/12/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: M.N. KRISHNAN, J. = = = = = = = = = = = = = = M.A.C.A. NO. 1217 OF 2009 = = = = = = = = = = = = = = = Dated this the 2nd day of December, 2009. J U D G M E N T This appeal is preferred against the award of the Motor Accidents Claims Tribunal, Palakkad in O.P.(MV)490/00. The claimant, while travelling in a goods vehicle sustained injuries on account of the overturning of the vehicle. The Tribunal determined the compensation and exonerated the insurance company from the liability on the ground that it is only an Act only policy. 2. In order to claim compensation for a person who travels in a goods vehicle it has to be proved that the said person was covered by paying premium which will directly cover the person. Another situation is when that person travels in the goods vehicle as the owner of the goods or representative of the owner of the goods. Prior to the amendment Act 54 of 1994 the legal position was that such persons were not covered by an Act only policy but by virtue of the amendment the legislature introduced a clause M.A.C.A. 1217 OF 2009 -:2:- covering the risk of the owner of the goods or representative of the owner of the goods. So if one is able to establish before the Court that he was travelling in the goods vehicle in the capacity of an owner of the goods or the representative of the owner of the goods he may be entitled to statutory benefit. Similarly the question whether there must be actual goods at the time of the travel is also a matter that requires consideration in the light of the various decisions and especially one in favour of the claimant in United India Insurance Co. Ltd. V. Suresh 2008 AIR SCW 4739. So these are all matters which requires detailed probe and the learned counsel for the appellant seeks for an opportunity to establish his case. I do not want to throw it away at this stage but I feel interest of justice requires that an opportunity has to be given. Therefore I set aside the award passed by the Tribunal without disturbing the quantum already awarded and direct the Tribunal to permit the owner and driver to file written statements and then also produce documents in support of their respective M.A.C.A. 1217 OF 2009 -:3:- contentions. Needless to say the insurance company can also, if necessary, file additional written statement and then adduce evidence in support of its contentions. Thereafter the Tribunal shall hear the matter and dispose it of in accordance with law. Parties are directed to appear before the Tribunal on 8.1.2010. M.N. KRISHNAN, JUDGE. ul/-