IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE J.B.KOSHY & THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN MONDAY, THE 23RD JUNE 2008 / 2ND ASHADHA 1930 MACA.No. 807 of 2003(E) ----------------------- OPMV.340/1996 of MOTOR ACCIDENT CLAIMS TRIBUNAL, THALASSERY .................... APPELLANT/NOT A PARTY IN THE CLAIM PETITION: ------------------------------------------------------------------------------- THE ORIENTAL INSURANCE COMPANY LIMITED., NOW REPRESENTED BY ITS ASSISTANT MANAGER, REGIONAL OFFICE, METRO PALACE, KOCHI-18. BY ADV. SRI.MATHEWS JACOB (SR.) RESPONDENTS: PETITIONER AND RESPONDENTS 1 TO 3: --------------------------------------------------------------------------------------- 1. SUNDARAN, S/O. AYYAPPAN, KALLISSERIPARAMBIL HOUSE, IRITTY P.O. 2. BALAN, S/O. KUNHIRAMAN, KOKKAD HOUSE, PANNIYOOR P.O., KARIMBAM, THALIPARAMBA. 3. M.BALAN, S/O. KANNAN, MULLAR HOUSE, EANTHOLA P.O., ARALO, PAPPINISSERY. 4. UNITED INDIA INSURANCE COMPANY LIMITED, THALASSERY. ADV. SRI.M.V.AMARESAN FOR R3 SRI.V.N.RAMESAN NAMBISAN FOR R3 SRI.P.V.JYOTHI PRASAD FOR R4 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 23/06/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss J.B.Koshy & P.N.Ravindran, JJ. ===================== M.A.C.A.No.807 of 2003 ===================== Dated this the 23rd day of June, 2008. JUDGMENT Koshy,J. The first respondent in this appeal filed an application before the Motor Accidents Claims Tribunal claiming compensation of Rs.2,50,000/- for the injuries sustained by him in an accident occurred on 19.4.1995 while he was travelling in a jeep bearing registration No.KL-13-B/2410 owned by him and insured with the appellant was hit by a bus bearing registration No.KL-13-B/898 driven by the second respondent owned by the third respondent and insured by the fourth respondent - Insurance Company. According to the claimant, the bus driver alone was negligent. The claim filed by the claimant along with the passengers in the bus was considered by the Tribunal. The Tribunal found that the accident occurred due to the negligence of the driver of the jeep insured by the appellant. The above finding entered by the Tribunal in the common award is not challenged. The jeep driver was not made a party in the claim petition filed by the first respondent because according to him, the accident occurred due to the negligence of the bus driver and further he being the insured he will not be entitled to MACA 807/03 -: 2 :- reimbursement from the Insurance Company. The Tribunal directed the Insurance Company of the jeep to pay the entire compensation even though the appellant - Insurance Company was not a party to the claim petition. According to the Tribunal, since it was tried along with other cases wherein the Insurance Company and the driver of the jeep were made parties, the award can be made against the appellant. According to the appellant - Insurance Company, since they were not made a party, they have not filed written statement in the case. Being not a party before the Tribunal, it went wrong in directing the appellant to pay compensation. There is force in the argument. Apart from that even if it is made a party, the Insurance Company is not liable to pay the compensation to the injured. In Dhanraj v. New India Assurance Co. Ltd. - 2004(3) K.L.T. 813, the Supreme Court held as follows: "8. Thus, an insurance policy covers the liability incurred by the insured in respect of death of or bodily injury to any person (including an owner of the goods or his authorized representative) carried in the vehicle or damage to any property of a third party caused by or arising out of the use of the vehicle. S.147 does not require an Insurance Company to assume risk for death or bodily injury to the owner of the vehicle. 9. In the case of Oriental Insurance Co. Ltd. v. Sunita Rathi & Ors., 1998 ACJ 121, it has been held MACA 807/03 -: 3 :- that the liability of an Insurance Company is only for the purpose of indemnifying the insured against liabilities incurred towards third person or in respect of damages to property. Thus, where the insured i.e. an owner of the vehicle has no liability to a third party the Insurance Company has no liability also." 2. In view of the above facts, the first respondent is not entitled to claim compensation against the appellant - Insurance Company. Therefore, the appeal is allowed and the award against the appellant - Insurance Company is set aside. J.B.Koshy, Judge. P.N.Ravindran, Judge. ess 26/6