IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE J.B.KOSHY & THE HONOURABLE MRS. JUSTICE K.HEMA FRIDAY, THE 18TH JANUARY 2008 / 28TH POUSHA 1929 MFA.No. 324 of 2002(B) ---------------------- OPMV.553/1999 of MOTOR ACCIDENT CLAIMS TRIBUNAL, THODUPUZHA .................... APPELLANT: RESPONDENT 1. ------------------------ K.R.SREEDHARAN, S/O. RAMAN, KUZHUPPILLIL HOUSE, RAJAKKADU P.O., RAJAKKADU VILL, UDUMBANCHOLA TALUK, IDUKKI DISTRICT. BY ADV. SRI.P.VIJAYAKUMAR RESPONDENTS: PETITIONER & RESPONDENTS 2 & 3. -------------------------------------------- 1. SUNNY, S/O. JOHN, MANGUZHIKUNNEL HOUSE, CHEMMANNAR P.O., CHEMMANNAR KARA, KANTHIPPARA VILL, UDUMBANCHOLA TALUK, IDUKKI DISTRICT. 2. P.V.MATHAI, S/O. VARGHESE, POYYACKAL HOUSE, MUKKUDIL P.O., RAJAKUMARY. 3. THE ORIENTAL INSURANCE COMPANY LIMITED, KOTHAMANGALAM, REPRESENTED BY THE BRANCH MANAGER. R3 BY ADV. SRI.MATHEWS JACOB(SR)SC INSURANCE(B/O) THIS MISC. FIRST APPEAL HAVING BEEN FINALLY HEARD ON 18/ 01/2008 , ALONG WITH MFA NO. 339 OF 2002 THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: M.F.A.NO.324/2002 ORDER ON CMP. NO 1665/2002 IN M.FA. NO.324/2002 DISMISSED 18.01.2008 SD/- J.B.KOSHY, JUDGE SD/- K.HEMA, JUDGE /TRUE COPY/ P.A. TO JUDGE tss J.B.KOSHY & K.HEMA, JJ. -------------------------------------- M.F.A.Nos.324 and 339 of 2002 ------------------------------------- Dated 18th January, 2008 JUDGMENT Koshy,J . Appellant in these cases is the owner of a private jeep which was involved in an accident. Legal representatives of a deceased passenger and an injured passenger claimed compensation. The vehicle was covered by an `Act policy' and passengers were not covered. Insurance company raised two contentions. First contention of the insurance company was that it has no liability as it was an `Act policy' and it is not liable to pay compensation for a gratuitous passenger in a private vehicle. Secondly it was contended that the vehicle was overloaded and there is violation of policy conditions. According to the insurance company, without taxi permit the jeep was conducting trips inviting passengers to travel. The Supreme Court in United India Insurance Co. Ltd. v. Tilak Singh (2006 (2) KLT 884) held that passengers in a private vehicle, unless covered specifically, are not liable to be covered by the policy of insurance under an `Act policy'. In the above circumstances, in view of the Apex Court decision, we are unable to accept the contention of the appellant that insurance company should be asked to pay the amount and set aside the direction of the Tribunal MFA.Nos.324 & 339/2002 2 that after depositing the insurance company can recover it from the appellant. With regard to the quantum of compensation, we are of the opinion that only just and reasonable compensation was granted. Only the amount deposited by the insurance company can be recovered from the appellant. Both the appeals are dismissed. J.B.KOSHY JUDGE K.HEMA JUDGE tks