IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE J.B.KOSHY & THE HONOURABLE MR. JUSTICE K.P.BALACHANDRAN TUESDAY, THE 28TH OCTOBER 2008 / 6TH KARTHIKA 1930 MACA.No.216 of 2005 ------------------------- OPMV.377/1998 of MOTOR ACCIDENT CLAIMS TRIBUNAL, KOTTAYAM .................... APPELLANTS/PETITIONERS 7, 9 & 3 ------------------------------------------- 1. SURENDRAN, S/O.LATE MADHAVAN, MOOVANKAL HOUSE, KURUVILANGADU KARA, KURUVILANGADU VILLAGE. 2. SABU, S/O.LATE MADHAVAN, DO.DO. 3. PRASEETHA, W/O. LATE SURESH, DO.DO. BY ADV. SRI.K.RAMACHANDRAN SMT.R.MEERA RESPONDENTS/PETITIONERS 2 & 4 TO 6 & 8 ----------------------------------------------------- 1. SANTHOSH, S/O.PADMANABHAN, THANIKKAL HOUSE, KALIKAVU KARA, KURUVILANGAD VILLAGE. 2. MATHUKUTTY ABRAHAM, S/O.ABRAHAM, VALIYA PRAMBIL HOUSE, KOZHUVANAL, PALAI. 3. THE DIVISIONAL MANAGER, ORIENTAL INSURANCE CO.LTD., THODUPUZHA BRANCH, THODUPUZHA. 4. MADHAVI, W/O.LATE MADHAVAN, MOVANKAL HOUSE, KURUVILANGAD. 5. SAROJINI, D/O.LATE MADHAVAN, DO.DO. 6. LEELA, D/O.LATE MADHAVAN, DO.DO. MACA.No.216 of 2005 -2- 7. SAVITHREE, D/O.LATE MADHAVAN, DO.DO. * 8. SHYLAJA, D/O.LATE MADHAVAN, DO.DO. ADV. SRI.BIJU GEORGE FOR R1 SRI.REJI MATHEW KAVALAYIL FOR R1 SRI.S.PRASANTH FOR R6 SRI.VPK.PANICKER FOR R3 *[THE NAME OF THE 8TH RESPONDENT IS CORRECTED AS “SHYAMALA” INSTEAD OF “SHYLAJA”, AS PER ORDER DATED 02/08/06 IN I.A.1422/06] THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 28/10/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: J. B. KOSHY & K. P. BALACHANDRAN, JJ. ------------------------------------------------ M. A. C. A. No.216 of 2005 ------------------------------------------------ Dated this the 28th day of October, 2008 JUDGMENT Koshy, J One Suresh sustained fatal injuries in an accident while he was travelling in a jeep bearing registration No.KL5A 2749 when it went out of control and hit against a tree. His father, mother and wife filed application for compensation contending that the accident occurred due to the negligence of the first respondent/driver of the jeep. The jeep was insured by the fourth respondent/Insurance Company. The Tribunal awarded compensation and directed the owner and driver of the vehicle to pay the compensation and exonerated the Insurance Company. Only dispute raised in this appeal is exoneration of the liability of the M. A. C. A. No.216 of 2005 -2- fourth respondent/Insurance Company. 2. The vehicle involved is a goods vehicle. Insurance policy shows that the vehicle was insured as a goods vehicle. According to the claimants, the deceased was travelling with turmeric and the accident occurred after it was delivered in the market and the jeep was coming back with the deceased as a passenger. In the F.I. Statement it was stated that he was a passenger in a goods vehicle along with others. PW1/the wife of the deceased who has not seen the accident stated that the deceased travelled in the jeep with turmeric and that was delivered in a place and while returning the accident occurred. PW2, a headload worker stated that he loaded the turmeric in the jeep as instructed by the deceased and he also travelled in the same jeep and the turmeric was unloaded at the M. A. C. A. No.216 of 2005 -3- destination and the deceased came back in the jeep and on that journey the accident occurred. But he did not travel in the return journey with him in the jeep. At the time of the accident there were other three passengers. The Tribunal found that it was not stated in the F.I. statement that he was travelling with the goods. Even if the depositions of PWs.1 and 2 are believed to be correct, at the time of the accident the deceased was not travelling in the vehicle with the goods as goods were already delivered at the destination and being a gratuitous passenger who is not covered by the policy deceased is not entitled to compensation from the Insurance Company. Therefore, the Insurance Company was rightly exonerated by the Tribunal. We see no ground to interfere with the impugned award passed by the M. A. C. A. No.216 of 2005 -4- Tribunal. 3. Appeal fails and is dismissed accordingly. J. B. KOSHY JUDGE K.P.BALACHANDRAN, JUDGE kns/-