IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N. KRISHNAN MONDAY, THE 3RD JANUARY 2011 / 13TH POUSHA 1932 MACA.No. 2665 of 2010() --------------------- OPMV.2738/2003 of MOTOR ACCIDENT CLAIMS TRIBUNAL, THRISSUR .................... APPELLANT / 2ND RESPONDENT IN THE OP(MV): ----------------------------------------------------------------------- THE UNITED INDIA INSURANCE CO. LTD., THRISSUR BRANCH, REP. BY THE MANAGER, UNITED INDIA INSURANCE CO.LTD, OFFICE OF THE REGIONAL MANAGER, HOSPITAL ROAD, ERNAKULAM. BY ADV. SRI.M.A.GEORGE RESPONDENTS / PETITIONER & RESPONDENT NO.1 IN THE OP(MV): -------------------------------------------------------------------------------------------------- 1. LEENA, W/O.MARTIN, EROONIKKAL HOUSE, PALLIKKAD, PARUVASSERY, VADAKKUMCHERY, PALAKKAD 678 683. 2. E.D.GEORGE, S/O.DEVASSY, EROONIKKAL HOUSE, VADAKKUMCHERY, PALAKKAD 678 683. BY THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING COME UP FOR ADMISSION ON 03/01/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Mn ...2/- MACA.No. 2665 of 2010() -2- ORDER ON I.A.NO. 3434/2010 IN MACA. NO. 2665/2010 DISMISSED 03/01/2011 SD/- M.N. KRISHNAN, JUDGE //TRUE COPY// P.S. TO JUDGE Mn M.N. KRISHNAN, J. = = = = = = = = = = = = = = M.A.C.A. NO. 2665 OF 2010 = = = = = = = = = = = = = = = Dated this the 3rd day of January, 2011. J U D G M E N T Since the very contention of the insurance company is not taken into consideration by the Tribunal I do not want the parties to come to this Court and therefore the appeal is disposed of at the admission stage itself. 2. This appeal is preferred against the award of the Motor Accidents Claims Tribunal, Thrissur in O.P. (MV)2738/03. The claimants who were passengers in a private vehicle, sustained injuries in a road accident and the Tribunal awarded compensation to each of the claimants but in paragraph 23 of the award would hold that the vehicle was covered by a valid policy issued by the 2nd respondent and therefore held the insurance company liable for the amount. The learned counsel for the insurance company had made available me for M.A.C.A. 2665 OF 2010 -:2:- perusal a copy of the written statement and paragraph 3 of which specifically states that the petitioner is a gratuitous passenger in a private car and the Company has not collected any additional premium to cover the gratuitous passenger. He had also made available before me a copy of the policy which is only an Act only policy. By virtue of the dictum laid down in Tilak Singh's case [United India Insurance Co. Ltd. v. Tilak Singh)2006 (2) KLT 884(SC) when the vehicle is covered by an an Act only policy and the status of the persons travelling in a private car amounts to that of gratuitous passenger there cannot be any coverage for the vehicle. But it is a matter which the Court has to consider after giving an opportunity to all concerned because if the contention is accepted the owner will be liable exclusively and the claimant also will not be entitled to get compensation from the insurance company. M.A.C.A. 2665 OF 2010 -:3:- 3. Therefore the award under challenge is set aside so far as it relates to the liability of the insurance is concerned and the matter is remitted back to the Tribunal with a direction to consider the question of liability of the insurance company and thereafter dispose of the matter in accordance with law after hearing all concerned. Since the appeal is disposed of in the admission stage itself without notice to others the insurance company is directed to take out notice to the respondents, i.e. the owner, driver and the claimants before proceeding further in the matter. The insurance company is directed to appear before the Tribunal on 31.1.2011. Sd/- M.N. KRISHNAN, JUDGE. ul/- [true copy] P.A. To Judge.