IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE A.K.BASHEER & THE HONOURABLE MR. JUSTICE P.Q.BARKATH ALI MONDAY, THE 8TH FEBRUARY 2010 / 19TH MAGHA 1931 MACA.No. 328 of 2007 ------------------------- OPMV.156/2001 of MOTOR ACCIDENTS CLAIMS TRIBUNAL, THALASSERY .................... APPELLANT(S): APPELLANT(3RD RESPONDENT IN THE TRIBUNAL): ------------------------------------------------------------------------- THE ORIENTAL INSURANCE CO. LTD., THALIPARAMBA, REPRESENTED BY ITS ADMINISTRATIVE OFFICER, REGIONAL OFFICE, ERNAKULAM NORTH, KOCHI-18. BY ADV. SRI.GEORGE CHERIAN (THIRUVALLA) RESPONDENT(S): CLAIMANTS & RESPONDENTS 1 & 10: ------------------------------------------------------------ 1. P.GANGADHARAN, S/O. KORAN, 'PARAGAM', NETAJI HOUSING COLONY, TRICHAMBARAM, TALIPARAMBA. 2. K.SATHI, W/O. GANGADHARAN, -DO- -DO- 3. GIREESHAN M., S/O. KUMARAN, RAYAROTH HOUSE, P.O.MUNDERIMOTTA, KANNUR DISTRICT. 4. SABU VARKI, S/O. VARKI, VALLIYATTU HOUSE, P.O.POOLAKUTTY, THALASSERY. ADV. SRI.M.K.SUMOD FOR R1-2 SRI.KAUSER EDAPPAGATH FOR R1-2 SRI.C.K.SREEJITH FOR R.3 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 08/02/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: A. K. Basheer & P.Q. Barkath Ali, JJ. - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - M.A.C.A. No. 328 of 2007 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 8th day of February, 2010. Judgment Basheer, J: This appeal is at the instance of the Insurance Company which had admittedly issued an insurance policy in respect of the private jeep which was involved in the accident in question. According to the appellant, the passengers who travelled in the jeep were gratuitous passengers and the policy did not cover them. Another contention raised by the appellant was with regard to the negligence of the driver of the vehicle. The Tribunal had passed a common award in respect of seven Claim Petitions. 2. It is brought to our notice that a learned single Judge of this Court had disposed of four appeals arising from the above common award on January 28, 2009. The awards challenged in those four appeals were set aside and the cases were remitted back to the Tribunal to consider the question of coverage of the persons travelling in the jeep with specific reference to the terms and conditions of the policy. The learned Judge had also granted opportunity to the parties to adduce further evidence not only with regard to the question of coverage but as regards the question of negligence as well. A copy of the judgment has been made available for our perusal. MACA.328/2007. 2 3. In the above facts and circumstances, we do not deem it necessary to deal with the contentions raised by the appellant in this appeal. Impugned award is set aside and case is remitted to the Tribunal. The directions issued by the learned single Judge in the judgment referred to above shall govern this case also. The appeal is disposed of in the above terms. A.K. Basheer Judge P.Q. Barkath Ali Judge. an.