IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN WEDNESDAY, THE 7TH OCTOBER 2009 / 15TH ASWINA 1931 MACA.No. 502 of 2009(Y) ----------------------------------- OPMV.927/2004 of MOTOR ACCIDENT CLAIMS TRIBUNAL, THODUPUZHA .................... APPELLANT/2ND RESPONDENT ---------------------------------------------- THE ORIENTAL INSURANCE CO.LTD, MUVATTUPUZHA,REPRESENTED BY ITS ASSISTANT MANAGER, REGIONAL OFFICE, ERNAKULAM NORTH, KOCHI-18. BY ADV. MR.GEORGE CHERIAN (THIRUVALLA) RESPONDENT/ CLAIMANT/RESPONDENT/1ST RESPONDENT --------------------------------------------------------------------------------------- 1. LUCYAMMA, W/O.CHACKO, VALAYATHIL HOUSE, 6TH MILE BHAGOM, PERUMBANKUTHU, MANKULAM VILLAGE, DEVIKULAM TALUK. 2. ABY KURIAKOSE, MECHERIL HOUSE, MANARKADU. P.O, KOTTAYAM DISTRICT. R1 BY ADV. MR.C.K.VIDYASAGAR, MR.P.CHANDY JOSEPH. THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 07/10/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: MACA.No. 502 of 2009 ORDER ON I.A. NO.607/2009 IN MACA NO.502/2009 DISMISSED 07/10/2009. SD/- M.N.KRISHNAN, JUDGE //TRUE COPY// P.A. TO JUDGE rs. M.N. KRISHNAN, J. = = = = = = = = = = = = = = M.A.C.A. NO. 502 OF 2009 = = = = = = = = = = = = = = = Dated this the 7th day of October, 2009. J U D G M E N T This appeal is preferred against the award of the Motor Accidents Claims Tribunal, Thodupuzha in O.P.(MV)927/04. The claimant sustained injuries in a road accident while he was travelling in a jeep. The Tribunal fixed the compensation at Rs.24,500/- and directed the insurance company to pay the amount and get it reimbursed from the owner. It is challenging that order the insurance company has come up in appeal. The point that arises for determination is whether the insurance company is bound to pay and get it reimbursed. The Tribunal in paragraph 16 of the award has found that the vehicle was insured as a private jeep and it is further revealed that the policy issued was a liability only one. It is seen that the vehicle was plying as a trip jeep at the relevant time of the accident. The first principle to be applied is whether the policy covers the risk of a person when it is a M.A.C.A. 502 OF 2009 -:2:- private jeep. The Tribunal itself has found that it is only an Act only Policy and therefore the question of liability of the insurance company does not arise at all. When such is the issue the Tribunal cannot find that just because the trip is operated as a taxi jeep there is breach of policy conditions and the insurance company has to pay and recover. What is to be first ascertained is regarding the liability of the insurance company on the basis of the policy issued. In the light of the Tilak Singh's case [United India Insurance Co. Ltd. v. Tilak Singh)2006 (2) KLT 884(SC) when it is only an Act only policy the status of a person travelling in such a vehicle would be that of a gratuitous passenger not covered by the policy or in other words the policy does not cover the risk of a person which is issued only as an act only policy. So when the insurance company is not liable at all there cannot be any order to pay and reimburse. Therefore the MACA is allowed and the insurance company is totally exonerated from the liability and the 1st respondent in the claim petition is bound to pay the amount. M.N. KRISHNAN, JUDGE. ul/-