IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE A.K.BASHEER & THE HONOURABLE MR. JUSTICE P.Q.BARKATH ALI TUESDAY, THE 1ST FEBRUARY 2011 / 12TH MAGHA 1932 MACA.No. 1914 of 2009() ----------------------- OPMV.488/2005 of MOTOR ACCIDENT CLAIMS TRIBUNAL, MUVATTUPUZHA .................... APPELLANT: 3RD RESPONDENT ---------------------------- KERALA STATE INSURANCE DEPARTMENT, ERNAKULAM. BY GOVERNMENT PLEADER RESPONDENTS/ PETITIONER AND 1ST AND 2ND RESPONDENT ------------------------- 1. JOSEPH, S/O.MATHEW, AGED 45 YEARS, RESIDING AT KALPAKASERI HOUSE, AYYANKAVU KARA, KOTHAMANGALAM VILLAGE, KOTHAMANGALAM TALUK. 2. THE SECRETARY, EXCISE BOARD OF KERALA, THIRUVANANTHAPURAM. 3. MAKKAR, S/O.HASSANKUNJU KUPPAKATTIL HOUSE, MYLORE KARA, VARAPPETTY. ADV. SMT.V.O.PHILOMINA FOR R1 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING COME UP FOR ADMISSION ON 01/02/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: A.K.BASHEER & P.Q.BARKATH ALI, JJ. - - - - - - - - - - - - - - - - - - - - - M.A.C.A.No.1914 OF 2009 - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 1st day of February, 2011 JUDGMENT Barkath Ali, J. Appellant is the Kerala State Insurance Department, Ernakulam which is the third respondent in O.P.(MV)No.488/2005 on the file Motor Accidents Claims Tribunal, Muvattupuzha. Appellant has challenged the judgment and award of the Tribunal dated July 14, 2008 awarding a compensation of Rs. 71,420/- to the claimant for the loss caused to him on account of the injury sustained by him in a motor accident. 2. The facts in brief are these : While the claimant was travelling in the vehicle bearing Reg.No.KL-IH-1276 driven by the second respondent in the O.P., due to the negligence of the driver of the vehicle, it capsized. The claimant sustained serious injuries in that accident. Alleging negligence against the second respondent in the O.P, the claimant filed the O.P. before the Tribunal claiming a compensation of Rs. 60,000/-. . MACA.No.1914/2009 2 3. Respondents 1 to 3 in the O.P. are the owner, driver and insurer of the offending vehicle. Though respondents 1 and 2 in the O.P. entered appearance, they did not file any written statement. The third respondent in the O.P., the insurer of the offending vehicle filed a written statement disputing the liability. 4. Ext.A1 to A12 were marked on the side of the claimant before the Tribunal. No evidence was adduced by the contesting respondents. On an appreciation of evidence,the Tribunal found that the accident occurred due to the negligence of the driver of the offending vehicle and awarded a compensation of Rs. 71,420/- with interest @ 8.5% per annum from the date of petition till realisation. The third respondent, the Kerala State Insurance Department, has now up in appeal disputing the liability. 5. Heard the counsel for the appellant and the counsel for the respondents. 6. In this appeal, the third respondent, the Kerala State Insurance Department challenged the award on the ground that claimant being an Excise Guard travelling in the offending vehicle on MACA.No.1914/2009 3 official duty, he cannot claim compensation from the third respondent/ Insurance Company. We find no substance in the above contention. No such contention was raised by the appellant/Insurance Company before the Tribunal. Further, even if he is on official duty, he has to be treated as a third party whose risk is covered by the policy issued in respect of the said vehicle. That being so, he is entitled to compensation from respondents for the loss caused to him on account of the injuries sustained in the accident. Therefore, we find no merit in this appeal and the same is hereby dismissed. A.K.BASHEER, JUDGE P.Q.BARKATH ALI, JUDGE sv. MACA.No.1914/2009 4