IN THE HIGH COURT OF KERALA AT ERNAKULAM
MACA.No. 295 of 2003()
1. ELDHOSE MATHEW, AGED 25 YEARS,
... Petitioner
Vs
1. WILSON THOMAS, CHITTADIYIL HOUSE,
... Respondent
2. P.B.SASI, PUTHENPURAYIL HOUSE,
3. ORIENTED INSURANCE COMPANY LTD.,
For Petitioner :SRI.B.SAINU
For Respondent :SRI.C.K.VIDYASAGAR
The Hon'ble MR. Justice C.N.RAMACHANDRAN NAIR
The Hon'ble MR. Justice V.K.MOHANAN
Dated :30/07/2008
O R D E R
C .N. RAMACHANDRAN NAIR &
V.K. MOHANAN, JJ.
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M.A.C.A. No. 295 OF 2003
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Dated this the 30th day of July, 2008
JUDGMENT
Ramachandran Nair,J.
This appeal is filed by the claimant who got an award for
Rs.2,45,506/- against respondents 1 and 2 who are owner and driver of
the mini vehicle involved in the accident. The main prayer in the
appeal is for a direction to the insurance company to pay the
compensation awarded. However, counsel for the insurance company
submitted that appellant-claimant was a gratuitous passenger in a goods
vehicle and under the decision of the Supreme Court relied on by the
Tribunal, insurance company is not liable to pay any compensation to a
gratuitous passenger in a goods vehicle unless he was accompanying
his goods. Even though appellant attempted to prove that he was
accompanying goods, namely, pepper, the appellant’s case was found to
be bogus based on evidence and contents of FI statement given by
another person who was a similar passenger in the vehicle at the time
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of the accident. We find no ground to interfere with the award of
Tribunal exonerating the insurance company as appeallant was not
accompanying the goods as claimed by him. So far as the prayer for
enhancement of compensation is concerned, we find the award is quite
reasonable warranting no interference. Appeal is accordingly
dismissed.
(C.N.RAMACHANDRAN NAIR)
Judge.
(V. K. MOHANAN)
Judge.
kk
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