IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE J.B.KOSHY & THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH TUESDAY, THE 19TH AUGUST 2008 / 28TH SRAVANA 1930 MACA.No. 1906 of 2005() ---------------------------------- OPMV.857/2001 of MOTOR ACCIDENT CLAIMS TRIBUNAL, KASARAGOD .................... APPELLANT/3RD RESPONDENT ------------------------ THE NEW INDIA ASSURANCE COMPANY LTD., REP. BY ITS ASST.ADMINISTRATIVE OFFICER, REGIONAL OFFICE, M.G.ROAD, KOCHI-11. BY ADV. SRI.P.R.RAMACHANDRA MENON RESPONDENTS: PETITIONER & RESPONDENTS 1&2 RESPECTIVELY. ----------------------- 1. SUNDARA, AGED ABOUT 36 YEARS, S/O.MAILA, RESIDING AT KULAMARVA HOUSE, P.O.KUNTIKANA, NEERCHAL VILLAGE, KASARAGOD TALUK AND DISTRICT. 2. C.H.BABU, S/O.KUTTY, RESIDING AT CHENNAGULI, NEERCHAL VILLAGE, KUNTIKANA POST, BADIADKA, KASARAGOD TALUK & DISTRICT. 3. A.K.HAMEED, S/O.KUNHALI, GUNAJE HOUSE, ARIYAPPADY POST, ENMAKAJE, KASARAGOD TALUK AND DISTRICT. ADV. SRI.T.SETHUMADHAVAN FOR R3 SRI.PUSHPARAJAN KODOTH FOR R3 SRI.M.N.SANJITH FOR R1 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 19/08/2008, ALONG WITH MACA. NO.2000 OF 2005 AND CONNECTED CASES THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: J.B. KOSHY & THOMAS P.JOSEPH, JJ. ------------------------------------------------------------ M.A.C.A. NOS: 1906, 2000, 2002 & 2037 OF 2005 ----------------------------------------------------------- Dated this the 19th August 2008. JUDGMENT Appellant-Insurance company questions the award of the Tribunal on the ground that the accident occurred to the gratuitous passengers of the goods vehicle and therefore insurance company has no liability to cover them. The Tribunal did not accept the above contention as the injured passengers, including one deceased in the vehicle were loading and unloading workers. They suffered injuries when the lorry capsized due to the negligence of the driver of the lorry. They were not gratuitous passengers. Even though it is a goods carriage vehicle, in the policy it is specifically mentioned in column 2 that six passengers are also covered. In the schedule, additional premium was paid for:- “Legal Liability to Driver, Coolies &/other employees in connection with the operation &/or maintaining &/unloading of motor vehicle.” 2. It is true that if one is travelling as owner or agent of the goods, they are bound to travel in the cabin. Here, apart from the driver, passengers actually were allowed by the terms of policy, it is not an act policy and apart from statutory liabilities, appellant insurance-company has covered six passengers. Additional fair was also paid to cover passengers who are coolies or employees engaged for loading and unloading work. In view of specific coverage and terms of the policy the insurance company is liable to indemnify owner of the vehicle that M.A.C.A. NOS: 1906/05 ETC. 2 capsized the passengers also. In Amrit Lal Sood v. Kaushalya Devi Thapur {(1998) 3 SCC 744} and New India Assurance Co. Ltd. v. C.M. Jaya (AIR 2002 SC 651) it is held that terms of the policy will govern the conditions of insurance. In terms of the policy in question which is a comprehensive one, it cannot be contended that insurance company is not liable to pay the compensation awarded. In M.A.C.A.2037 filed in respect of O.P(MV) 182/2000, it was argued that Tribunal went wrong in entertaining the claim under Section 163A of the Motor Vehicles Act, 1988. The above claim was filed by the legal representative of a deceased person who died due to the injuries in the accident. It is contended that monthly income claimed was high and under Section 163A will cover only motor accident victims whose monthly income is below Rs.40,000/- per year. On evidence, Tribunal found that income of the victim at the time of accident was only Rs.1,500/-. That being so, the annual income is only Rs.18,000/- and covered under Section 163A of the Act. 3. We see no grounds to interfere with the award passed by the Tribunal. Appeals are dismissed. J.B.KOSHY Judge THOMAS P. JOSEPH Judge jj M.A.C.A. NOS: 1906/05 ETC. 3 K.K.DENESAN & V. RAMKUMAR, JJ. ---------------------------------------------------- M.F.A.NO: ----------------------------------------------------- JUDGMENT Dated: