IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN THURSDAY, THE 1ST JANUARY 2009 / 11TH POUSHA 1930 MACA.No. 2286 of 2008(D) ------------------------------- AGAINST THE ORDER DATED 08/12/2005 IN OPMV. NO.927/2002 of MOTOR ACCIDENT CLAIMS TRIBUNAL, MUVATTUPUZHA .................... APPELLANT(S): 3RD RESPONDENT:- -------------------------------------- NATIONAL INSURANCE COMPANY LTD., REP. BY ITS ADMINISTRATIVE OFFICER, 3RD PARTY WING, OMANA BUILDING PADMA JUNCTION, KOCHI -35. BY ADV. SRI.P.R.RAMACHANDRA MENON RESPONDENT(S): PETITIONER AND RESPONDENT 1 &2: --------------------------------------------------------------- 1. SAJU K.V., S/O. VARGHESE, AGED ABOUT 37 YEARS, RESIDING AT KANNANGNAMALLI HOUSE, AIROORPADOM P.O., UPPUKANDOM, KOTHAMANGALAM VIA, 2. GINO, S/O GEORGE, KARIKKODUPUTHENPURAYIL HOUSE, ELANADU P.O., CHELAKKARA VIA, THRISSUR DISTRICT. 3. BINOY ALIYAS, KOOTTAPPILLIL HOUSE, KADAMATTOM P.O., KOLENCHERRY. THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 01/01/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: M.N. KRISHNAN, J. = = = = = = = = = = = = = = M.A.C.A. NO. 2286 OF 2008 = = = = = = = = = = = = = = = Dated this the 1st day of January, 2009 J U D G M E N T This appeal is preferred against the award of the Motor Accidents Claims Tribunal, Muvattupuzha in O.P.(MV)927/02. The claimants in all the cases were passengers in a car. It was a private car and from para 4 of the award it can be seen that the insurance company has contended that the policy issued was only an Act only policy which does not cover the risk of passengers and therefore it disowned the liability to pay compensation. Unfortunately this contention has not been considered at all by the Tribunal. In the light of the dictum laid down in Asha Rani's case, New India Assurance Co. Ltd. v. Asha Rani 2003 (1) KLT 165 and Tilak Singh's case [United India Insurance Co. Ltd. v. Tilak Singh)2006 (2) KLT 884(SC) the status of passengers in a vehicle where only an Act only policy is issued is that of a gratuitous passenger not covered by the policy and therefore one cannot saddle the insurance M.A.C.A. 2286 OF 2008 -:2:- company with the liability. In the light of these decisions the matter requires consideration at the hands of the Tribunal and therefore the award under challenge is set aside so far as it relates to the liability portion is concerned and the Tribunal is directed to frame appropriate issue and permit the parties to adduce evidence both documentary as well as oral in support of their respective contentions and then dispose of the matter in accordance with law. Parties are directed to appear before the Tribunal on 9.2.09 and the insurance company is directed to take out notice to all the parties after it enters appearance before the Tribunal for the reason that respondents in the appeal had not appeared before this Court. The MACA is disposed of accordingly. M.N. KRISHNAN, JUDGE. ul/-