IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE J.B.KOSHY & THE HONOURABLE MR. JUSTICE K.P.BALACHANDRAN FRIDAY, THE 19TH SEPTEMBER 2008 / 28TH BHADRA 1930 MACA.No. 524 of 2008() -------------------------------- OPMV.1497/1997 of MOTOR ACCIDENT CLAIMS TRIBUNAL, MANJERI .................... APPELLANT/2ND RESPONDENT ----------------------- P.MAJEED,39 YRS,S/O.PARADAN ALAVI, PARADAN(H),THRIKALANGODE AMSOM,CHEMMAD DESOM, TIRURANGADI TALUK,CHEMMAD P.O.,MALAPPURAM DIST., REP. BY P/A.HOLDER P.HAMZATH,S/O.PARADAN ALAVI, PARADEN(H), THRIKALANGODE AMSOM,CHEMMAD DESOM, TIRURANGADI TALUK, CHEMMAD P.O., MALAPPURAM DISTRICT. BY ADV. SRI.P.VIJAYA BHANU SRI.P.VENUGOPAL (1086/92) RESPONDENTS: CLAIMANT/3RD RESPONDENT ----------------------------- 1. KLARI SAIDALAVI, S/O. MUHAMED, KLARI HOUSE, THRIKULAM, CHEMMAD, TIRURANGADI, MALAPPURAM DISTRICT. 2. UNITED INDIA INSURANCE CO. LTD., MANJERI, MALAPPURAM DISTRICT. SRI.K.SANDESH RAJA FOR R2 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 19/09/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: J.B.KOSHY & K.P.BALACHANDRAN, JJ. ------------------------------- M.A.C.A.NO.524 OF 2008 () & C.M.APPLN.NO.509 OF 2008 IN M.A.C.A.NO.524 OF 2008 ----------------------------------- Dated this the 17th day of September, 2008 J U D G M E N T KOSHY,J. C.M.APPLN.NO.509 OF 2008 For the reasons stated in the affidavit, delay is condoned. M.A.C.A.NO.524 OF 2008 First respondent sustained injuries in an accident while he was travelling in a goods autorickshaw owned by the appellant. In the goods autorickshaw, apart from the driver, nobody else is allowed to travel. Even though Tribunal awarded a compensation of Rs.53,000/- with 9% interest and MACA.524/08 2 directed the Insurance company to pay the same, in view of the violation of the policy conditions, Insurance company was allowed to recover it from the appellant. Appellant was declared ex parte before the Tribunal. In fact, even if the appellant had participated in the proceedings, a different view cannot be taken because, admittedly, the injured person was travelling as a passenger in a goods autorickshaw, wherein a passenger is not allowed to travel. Even if he was the owner of the goods, he is not allowed to travel in a goods autorickshaw as it is against the policy conditions and permit. In this connection, we refer to the decision of the Honourable Supreme Court in United India Insurance Co. Ltd. v. Suresh K.K. (2008 AIR SCW 4739). Therefore, Tribunal was right in allowing the Insurance company to recover the amount. It is submitted that appellant's properties are proposed for sale in revenue recovery proceedings for releasing the amount. It is prayed that with interest, amount has become a huge amount and appellant wants some more time to pay the amount. Considering the facts and circumstances of the case, the revenue recovery proceedings shall be postponed by six months allowing an opportunity to MACA.524/08 3 the appellant to pay off the amount. With that relief, this appeal is dismissed. J.B.KOSHY, JUDGE K.P.BALACHANDRAN, JUDGE prp J.B.KOSHY & K.P.BALACHANDRAN, JJ. -------------------------------------------------------- M.F.A.NO. OF 2006 () --------------------------------------------------------- J U D G M E N T --------------------------------------------------------- 17th September, 2008