IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN THURSDAY, THE 3RD DECEMBER 2009 / 12TH AGRAHAYANA 1931 MACA.No. 1707 of 2009(G) ----------------------- OPMV.1894/2002 of MOTOR ACCIDENT CLAIMS TRIBUNAL, THRISSUR .................... APPELLANT(S): 3RD RESPON DENT --------------------------------------- UNITED INDIA INSURANCE COMPANY LTD., REP.BY ITS DY.MANAGER, REGIONAL OFFICE, SHARANYA, HOSPITAL ROAD, KOCHI - 11. BY ADV. SMT.RAJI T.BHASKAR RESPONDENT(S): PEITIONER & RESPONDENTS 1,2, 4, 5 & 6 ---------------------------------------------------------------------- 1. T.V.SANKARANKUTTY, AGED 59 YEARS,DT. S/O. DAMODHARAN NAMBOODIRI, "SREE VAISAKH" BIG VILLAGE P.O. MUNJAPARA, PALAKKAD DISTRICT. KERALA STATE, PIN CODE - 678685 2. C.V.AJITHKUMAR,S/O. R.VASUDEVA WARRIER, KANNANATTU VARIAM, P.O. AYARKUNNAM, KOTTAYAM. 3. S.SINDHU,W/O. C.V.AJITHKUMAR, KANNANATTU VARIAM, P.O. AYARKUNNAM, KOTTAYAM. 4. K. RAMACHANDRAN, POONGODE HOUSE, P.O. ALATHUR, PALAKKAD. 5. NARAYANAN R. S/O. RAMAN V. KALKUNNAPADAM HOUSE, VENOOR, ALATHUR, PALAKKAD. 6. THE ORIENTAL INSURANCE CO.LTD., DIVISIONAL OFFICE, SOBHA T.S.M. CINOKEXM V.H.ROAD, PALAKKAD. ADV. SRI.P.T.JOSE FOR R2,3 SRI.AJESH. M.R. FOR R1 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 03/12/2009, ALONG WITH MACA NO. 1712 OF 2009 MACA NO. 1784 OF 2009 THE COURT ON THE SAME DAY PASSED THE FOLLOWING: M.N. KRISHNAN, J. = = = = = = = = = = = = = = M.A.C.A. NOs. 1707, 1712 & 1784 OF 2009 = = = = = = = = = = = = = = = Dated this the 3rd day of December, 2009. J U D G M E N T Notice to R4 to R6 in these appeals are dispensed with for the reason no relief is claimed against them in these appeals. 2. These appeals are preferred against the awards of the Motor Accidents Claims Tribunal, Thrissur in O.P.(MV) Nos.1894/02, 1896/02 and 1892/02. The claimant in O.P. (MV)1894/02 has been awarded a compensation of Rs.82,720/- the claimant in O.P.(MV)1896/02 is awarded a compensation of Rs.26,310/- and the claimant in O.P.(MV) 1892/02 is awarded a compensation of Rs18,650/-. There was also another connected O.P.(MV)1893/02 in which the Tribunal granted a compensation of Rs.1,55,500. The Tribunal found that the accident had taken place on account of the negligence of the 2nd respondent in the O.Ps. who is the driver of the car owned by the first respondent in the claim petition. I am informed that challenging the negligence M.A.C.A. NOs. 1707, 1712 & 1784 OF 2009 -:2:- attributed on the driver of the car a matter is pending before the Division Bench and so far as the proceedings pending here are concerned, the only question that arises for determination is whether the insurance company namely the United India Insurance Company is liable to cover the persons who travel in the car on account of the fact that there was only an Act only policy. Though the insurance company specifically raised a contention to that effect unfortunately it has not been considered by the Tribunal which resulted in the direction to the company to deposit the amount. Learned counsel for the appellant would contend that in the light of the decision of the Hon'ble Supreme Court in Tilak Singh's case [United India Insurance Co. Ltd. v. Tilak Singh) 2006 (2) KLT 884(SC) status of a person travelling in a private car will be that of a gratuitous passenger not covered by the policy and therefore the insurance company is not liable. Unfortunately since the contention has not been considered and decided and no opportunity has been given to the owner of the vehicle to prove that I am inclined to remand the case M.A.C.A. NOs. 1707, 1712 & 1784 OF 2009 -:3:- for the said purpose of deciding whether United India Insurance Co. who is the insurer of the car is liable to pay compensation on the basis of the policy issued in the case. I make it very clear that this Court has not considered anything about the quantum or negligence or any other aspect in the case which is pending before the Division Bench. So for the limited purpose mentioned above the matter is remitted back to the Tribunal for considering the question regarding the liability of the insurance company. For the said purpose the owner, driver, the claimants and the insurance company are permitted to produce documentary as well as oral evidence in support of their respective contentions and the matter be disposed of in accordance with law. Parties are directed to appear before the Tribunal on 15.1.2010. The MACAs. are disposed of accordingly. M.N. KRISHNAN, JUDGE. ul/-