IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN TUESDAY, THE 16TH FEBRUARY 2010 / 27TH MAGHA 1931 MACA.No. 2016 of 2009() --------------------------------------- OPMV.1668/2002 of MOTOR ACCIDENT CLAIMS TRIBUNAL, ERNAKULAM .................... APPELLANT(S): 3RD RESPONDENT ----------------------- THE NATIONAL INSURANCE COMPANY LTD., DIVISIONAL OFFICE, ERNAKULAM, COCHIN 16. BY ADV. MR.RAJAN P.KALIYATH RESPONDENT(S): CLAIMANT AND R1 & R2 ------------------------- 1. C.V.BAIJU, S/O. VAVACHAN, CHITTAYIL HOUSE, AMBALLUR POST, KANAYANNUR TALUK, AMBALLUR VILLAGE, ERNAKULAM DIST. 2. V.S.SANTHOSH, S/O. SIVARAMAN, 23/208, VELIPARAMBIL HOUSE, THEKKUMBHAGOM, TRIPUNITHURA. 3. K.M.ANILKUMAR, S/O. MOHANAN, KOLLAMPARAMBIL HOUSE, AKKAPPANA KARA, AMBALLUR VILLAGE, AMBALLUR POST, ERNAKULAM DISTRICT. R1 BY ADVS.MR.ANIL S.RAJ, SMT.K.N.RAJANI, MR.RADHIKA RAJASEKHARAN P., SMT.BEENA DEVASSY. THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 16/02/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ORDER ON IA. NO.2334/2009 IN MACA. NO.2016/2009 DISMISSED 16/02/2010 SD/- M.N.KRISHNAN, JUDGE TRUE COPY P.S. TO JUDGE tss M.N.KRISHNAN, J ===================== MACA No.2016 OF 2009 ===================== Dated this the 16th day of February 2010 JUDGMENT This appeal is preferred against the award of the Motor Accidents Claims Tribunal, Ernakulam in O.P.(MV)No.1668 of 2002. The claimant sustained injuries in a road accident and the Tribunal has awarded him a compensation of Rs.54,573/- with a direction to the insurance company to deposit the amount. It is against that decision, the insurance company has come up in appeal. 2. The short point that arises for determination is whether the claimant is covered by the policy. It is the contention of the claimant that he was travelling in an auto rickshaw on the capacity as the owner of the goods or at least as the representative of the owner of the goods. Therefore, it is contended that Section 147 of the Motor Vehicles Act will cover his case. But, it has to be remembered that the vehicle involved in the accident is a goods auto rickshaw. Whether a goods auto rickshaw can carry the owner of the goods or the representative of the owner of the goods is a matter to be considered. In the decision reported in United India Insurance MACA 2016/2009 -:2:- Co.Ltd. v. Suresh K.K.(2008 AIR SCW 4739) the Supreme Court in paragraph 13 of the judgment deals with that proposition, which reads thus: “In any view of the matter in a three wheeler goods carriage, the driver could not have allowed anybody else to share his seat. No other person whether as a passenger or as an owner of the vehicle is supposed to share the seat of the driver. Violation of the condition of the contract of insurance, therefore is approved”. So, in the light of this authoritative pronouncement, the insurance company cannot be saddled with the liability. Therefore the finding that the insurance company is liable to pay the amount is set aside and the claimant is awarded the compensation ordered by the Tribunal realisable from respondents 1 and 2 in the claim petition. MACA is disposed of accordingly. M.N.KRISHNAN, JUDGE Cdp/-