High Court Kerala High Court

Shaji vs Unnikrishnan.G on 31 October, 2008

Kerala High Court
Shaji vs Unnikrishnan.G on 31 October, 2008
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

MACA.No. 210 of 2008()


1. SHAJI, AGED 43 YEARS, S/O.ACHUTHAN,
                      ...  Petitioner

                        Vs



1. UNNIKRISHNAN.G.,
                       ...       Respondent

2. UNITED INDIA INSURANCE CO. LTD.,

                For Petitioner  :SRI.V.K.GOPALAKRISHNA PILLAI

                For Respondent  :SRI.T.N.ARUNKUMAR (PERUMBAVOOR)

The Hon'ble MR. Justice M.N.KRISHNAN

 Dated :31/10/2008

 O R D E R
                          M.N.KRISHNAN, J.
                          --------------------------
                       M.A.C.A No. 210 OF 2008
                            ---------------------
               Dated this the 31stday of October, 2008

                              JUDGMENT

This appeal is preferred against the award passed by the

Motor Accident Claims Tribunal, Perumbavoor, in OP(MV) 2185/03.

The claimant sustained injuries in a road accident and the Tribunal

awarded him a compensation of Rs.23,585/- with 7% interest. The

Insurance Company was exonerated from the liability. Challenging

the exoneration of the Insurance Company and dissatisfied with the

quantum awarded, the claimant has come up in appeal .

2. Heard the counsel for the appellant as well as the

Insurance Company. So far as the quantum of compensation is

concerned, the claimant has sustained a fracture of the calcaneum.

The Tribunal has awarded Rs.6,000/- towards loss of earnings,

Rs.8,000/- towards pain and suffering and Rs.5,000/- towards loss of

amenities and enjoyment in life. There has been no disability at all.

On all other heads, the Tribunal has awarded a proper

compensation. Therefore the quantum of compensation does not

call for any interference.

MACA No. 210/08
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3. The next question is regarding exoneration of the

Insurance Company. The contention of the claimant itself is that he

was accompanying the goods carried in the lorry. The Tribunal

towards the end of para.7 of the award had very clearly entered into

a finding that “all these documents are sufficient enough to prove that

the petitioner was travelling in the lorry as an authorised

representative of the goods carried in the vehicle and the accident

took place due to the rashness and negligence of the driver of the

lorry.” But when it reaches the question of liability discussed in

para.9 of the award , the Tribunal would say that the policy issued is

only an Act only policy and therefore it is not liable to indemnify the

owner.

4. The finding of the Tribunal is erroneous. It has been

well settled in the dictum laid down in New India Assurance Co.

Ltd. v. Asha Rani [2003 (1) KLT 165 (SC)] that the provisions of the

old Motor Vehicles Act of 1939 and the unamended Act of 1988 are

in pari materia and it does not cover the risk of an owner of the goods

or representative of the owner of the goods. By virtue of amendment

to the Motor Vehicles Act 54 of 1994 the legislature has incorporated

MACA No. 210/08
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that the owner of the goods and representative of owner of goods are

covered by policy being a statutory obligation cast under section 147

of the Motor Vehicles Act. When that is the case, no additional

premium need be paid to cover the owner of goods or representative

of the owner of the goods. So in the light of the settled position, the

finding of the Tribunal is incorrect and it requires interference. The

Insurance Company is statutorily bound to pay the compensation.

Therefore, the appeal is disposed of as follows:

The quantum of compensation awarded by the Tribunal is

confirmed. The finding of the Tribunal that the Insurance Company is

exonerated from the liability is set aside and the Insurance Company

is directed to pay the amount to the claimant within a period of 60

days from the date of receipt of a copy of this judgment.

M.N.KRISHNAN, JUDGE
vps

MACA No. 210/08
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