IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE A.K.BASHEER & THE HONOURABLE MR. JUSTICE P.Q.BARKATH ALI FRIDAY, THE 24TH SEPTEMBER 2010 / 2ND ASWINA 1932 MACA.No. 2079 of 2009() ----------------------- OPMV.200/2004 of II ADDL. M.A.C.T., KOZHIKODE .................... APPELLANT(S): PETITIONER IN OP(MV) ---------------------------------- V.P.SOMANATHAN, S/O.LATE ACHUTHAN, VENGALATH PURAYIL HOUSE, P.O.CHATHAMANGALAM, VIA REC., KOZHIKODE DISTRICT. BY ADV. SRI.AVM.SALAHUDIN RESPONDENT(S): RESPONDENTS IN OP(MV) ------------------------------------ 1. V.P.CHANDRAN, S/O.LATE ACHUTHAN, VENGALATH PURAYIL, P.O.CHATHAMANGALAM, VIA REC., KOZHIKODE. 2. NATIONAL INSURANCE CO.LTD., NOOR COMPLEX, MAVOOR ROAD, KOZHIKODE-4. THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING COME UP FOR ADMISSION ON 24/09/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: A.K. Basheer & P.Q. Barkath Ali, JJ. - - - - - - - - - - - - - - - - - - - - - - - - - - - - MACA.No. 2079 of 2009 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 24th day of September, 2010 Judgment Basheer, J: Appellant is the claimant. He has been awarded a sum of Rs.59,903/- as compensation for the injuries sustained by him in a road traffic accident. According to the appellant, the Tribunal ought to have held the Insurance Company liable to pay the compensation rather than the owner of the vehicle. But the Tribunal found that the appellant being a passenger in a private vehicle, he was not covered under the “Act only” Policy issued by the Company. 2. We have heard learned counsel for the appellant at length and perused the materials available on record. 3. It is the admitted position that the owner of the offending vehicle, respondent No.1 herein, is none other than the brother of the appellant-claimant himself. Having perused the policy, there can be no doubt that it is an “Act only” policy. Therefore the contention raised by the appellant that the Insurance Company is liable to indemnify the owner cannot be sustained at all. MACA.2079/2009. : 2 : 4. We have also considered the claim raised by the appellant for enhancement of compensation. In our view, the amounts awarded by the Tribunal under various heads like pain and suffering, loss of income, loss of amenities, bystander's expense, medical expense etc. are just and reasonable. The appellant had not produced any certificate or document to show that he had suffered any disability due to the injuries. Therefore we do not find any reason to interfere with the award passed by the Tribunal. The appeal fails and it is accordingly dismissed. A.K. Basheer Judge. P.Q. Barkath Ali Judge. an.