IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN WEDNESDAY, THE 8TH DECEMBER 2010 / 17TH AGRAHAYANA 1932 MACA.No. 2506 of 2010() ---------------------------------- OPMV.1032/2005 of MOTOR ACCIDENT CLAIMS TRIBUNAL, KOZHIKODE .................... APPELLANT(S): 3RD RESPONDENT: ----------------------------------------------------- THE ORIENTAL INSURANCE CO.LTD., METRO PALACE, GROUND FLOOR, OPP.NORTH RAILWAY STATION, ERNAKULAM, REPRESENTED BY ITS DULY AUTHORISED OFFICER. BY ADV. SRI.VPK.PANICKER RESPONDENT(S): 1ST & 2ND RESPONDENTS & PETITIONER: -------------------------------------------------- 1. THE PRINCIPAL, CIESCO TECHNICAL INSTITUTE ITC, MUGHDHAR, KOZHIKODE-673 001. 2. RIYAD AHAMMED K.P., S/O.ABOOBACKER P.P., BUSHRA MAHAL HOUSE, KULANGASRATHOPPU PARAMBA, KUNDUNGAL, KOZHIKODE-673 001. 3. C.K.AYISHA, D/O.ABDULLA, CHENKITTAKUNNU HOUSE, KOODATHAYI BAZAR ROAD, THAMARASSERY VIA, KOZHIKODE-673 001. THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING COME UP FOR ADMISSION ON 08/12/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: tss ORDER ON IA. NO.3212/2010 IN MACA. NO.2506/2010 DISMISSED 08/12/2010 SD/- M.N.KRISHNAN, JUDGE TRUE COPY P.A. TO JUDGE tss M.N. KRISHNAN, J. = = = = = = = = = = = = = = M.A.C.A. NO. 2506 OF 2010 = = = = = = = = = = = = = = = Dated this the 8th day of December, 2010. J U D G M E N T This appeal is preferred against the award of the Motor Accidents Claims Tribunal, Kozhikode in O.P.(MV) 1032/05. The Tribunal has awarded a compensation of Rs.73,778/-. The point that arises for determination is regarding the liability of the insurance company to pay the amount. The question that arises for determination is regarding the liability of the insurance company. Claimants were passengers in a private jeep. The award itself shows that the insurance company has raised a contention that they have not collected any premium to cover the risk of a gratuitous passenger. Or in other words the insurance company would contend that the vehicle was covered only by an Act only policy which does not take in the passengers therein. Unfortunately the Tribunal did not consider that aspect at all and it M.A.C.A. No. 2506 OF 2010 -:2:- just observed that the insurance company has admitted the insurance and therefore granted an award in favour of the claimant against the insurance company. It is a settled proposition now that unless it is a package policy persons travelling in a private vehicle are not covered. But it is always desirable that it is done after hearing the owner and also by framing appropriate issues. There is no point in inviting all the persons to this Court for the reason that it has to go back on this ground. Therefore the award under challenge is set aside and the matter is remitted back to the Tribunal with a direction to frame appropriate issues regarding the liability of the insurance company and by permitting all concerned to produce documentary as well as oral evidence in support of their respective contentions and then dispose of the matter in accordance with law. Since I am disposing of the matter in the admission stage itself the insurance company is directed to take M.A.C.A. No. 2506 OF 2010 -:3:- out notice to all the parties for a proper disposal after it enters appearance before the Tribunal. Parties are directed to appear before the Tribunal on 17.1.2011. M.N. KRISHNAN, JUDGE. ul/-