Ismail.P.A vs Shajan P.Kurian on 16 October, 2006

       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

MFA No. 224 of 2000()



1. ISMAIL.P.A.
                      ...  Petitioner

                        Vs

1. SHAJAN P.KURIAN
                       ...       Respondent

                For Petitioner  :SRI.MATHEW JOHN (K)

                For Respondent  :SRI.V.K.MOHANAN

The Hon'ble MR. Justice J.B.KOSHY
The Hon'ble MR. Justice M.N.KRISHNAN

 Dated :16/10/2006

 O R D E R
                       J.B. KOSHY & M.N. KRISHNAN, JJ
                   ---------------------------------------------------------
                               M.F.A. NO. 224 OF 2000
                 --------------------------------------------------------------
                     Dated this the 16th day of October 2006



                                       JUDGMENT

Koshy, J

The petitioner suffered injuries while he was traveling in a lorry, a goods

vehicle. Tribunal awarded a compensation and directed to realise from the driver

and owner and not from the Insurance Company. The major contention raised in

the appeal is that Insurance Company ought to have been made liable. Since the

accident occurred prior to the amendment of the Motor Vehicles Act, 1988 by Act

54 of 1994, the passenger in goods vehicle is not entitled to claim for insurance

coverage as decided by the Supreme Court in National Insurance Company v.

Chinnamma (2004 (8) scc 697. There is no defect in the award of the Tribunal.

Hence the M.F.A. is dismissed.

J.B. KOSHY, JUDGE.

M.N. KRISHNAN, JUDGE.

RV

RV/