IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN TUESDAY, THE 24TH NOVEMBER 2009 / 3RD AGRAHAYANA 1931 MACA.No. 1397 of 2004() --------------------------------- OPMV.148/1999 of MOTOR ACCIDENT CLAIMS TRIBUNAL, PERUMBAVOOR .................... APPELLANT(S):3RD RESPONDENT -------------------------- THE ORIENTAL INSURANCE CO.LTD., REPRESENTED BY ITS MANAGER, REGIONAL OFFICE, METRO PLAZA, NORTH RAILWAY STATION ROAD, ERNAKULAM. BY ADV. MR.VPK.PANICKER RESPONDENT(S): RESPONDENTS 1,2 & CLAIMANT ---------------------------- 1. K.C.ABRAHAM, S/O. CHACKO, CHERUVALLIL HOUSE, IRUMBANAM, THRIPUNITHURA. * 2. BIJU S/O. AYYAPPAN, MALIKUDI VEEDU, ERNAKUNNAM KARA, KUTAMANGALAM. (DELETED) *2ND RESPONDENT DELETED AS PER ORDER DTD.24.11.2009 IN IA. 647/2006. 3. A.T.JOSE, S/O. THOMAS, ALATTUKUDI HOUSE, MALAYATTOOR. R1 BY ADV. MR.SUNU P.JOHN THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 24/11/2009, ALONG WITH MACA NO. 1533 OF 2004 THE COURT ON THE SAME DAY PASSED THE FOLLOWING: tss M.N. KRISHNAN, J. = = = = = = = = = = = = = = M.A.C.A. NOs. 1397 & 1533 OF 2004 = = = = = = = = = = = = = = = Dated this the 24th day of November, 2009. J U D G M E N T These appeals are preferred against the award of the Motor Accidents Claims Tribunal, Perumbavoor in O.P.(MV) Nos.148/99 and 85/99. The Tribunal had awarded a sum of Rs.19,800/- in O.P.(MV)No.85/99 and has awarded a sum of Rs.39,400/- in O.P.(MV)Nos.148/99. The Tribunal negatived the contention of the insurance company regarding the exoneration of the liability and directed the insurance company to pay the amount. It is against that decision the insurance company has come up in appeal in both the matters. 2. The contention of the insurance company is to the effect that the claimants were gratuitous passengers in a goods vehicle not covered by the policy and therefore they are not covered by the terms of the policy. Two other cases were pending before the Division Benche as MACA Nos.1396/04 and 729/04 against the awards in O.P.(MV) M.A.C.A. Nos. 1397 & 1533 OF 2004 -:2:- Nos.88/99 and 84/99 which is also the subject matter of the very same common award. The Division Bench of this Court (to which I was also a party) considered the question in detail and held that perusal of the first information statement would reveal that the persons were using the lorry as a mode of conveyance to reach the place of their work and therefore they cannot be classified as the authorised representatives of the owner of the goods. This Court also considered the impact of the decision as well as the implication of the Amended Act 54 of 1994. In Asha Rani case, New India Assurance Co. Ltd. v. Asha Rani 2003 (1) KLT 165 it has been held that prior to the amendment to S.147 the owner of the goods or the representatives of the owner of the goods were never covered by an Act only policy and it was only by virtue of the latest introduction that the owner of the goods and the representatives of the owner of the goods were covered under the statutory policy. Admittedly this is a case where the accident had taken place subsequent to the Amendment Act, i.e. 24.2.1997. Therefore, in order to get the benefit u/s 147 they have to establish that they were travelling in the goods vehicle as a representative of the M.A.C.A. Nos. 1397 & 1533 OF 2004 -:3:- owner of the goods. As discussed by me earlier there is a finding of the Division Bench to the effect that it was only being used as a mode of conveyance and there is no evidence to show that they were the representatives of the owner of the goods. Therefore the finding of the Tribunal that the insurance company is bound to pay the amount is liable to be set aside and I do so and exonerate the insurance company from the liability. But I make it clear that the claimants are entitled to get compensation from the other respondents jointly and severally. I also make it clear that since the claimant in O.P.(MV)148/99 is reported to be dead his legal representatives can pursue the award by filing execution petition and requesting the Court to execute the award. Appeals are disposed of accordingly. M.N. KRISHNAN, JUDGE. ul/-