High Court Kerala High Court

K.Muhammed vs Ibrahim on 3 November, 2008

Kerala High Court
K.Muhammed vs Ibrahim on 3 November, 2008
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

MACA.No. 2254 of 2007()


1. K.MUHAMMED,
                      ...  Petitioner

                        Vs



1. IBRAHIM, S/O MUHAMMED KUTTY,
                       ...       Respondent

2. K.MURALEEDHARAN, S/O KRISHNA PANICKER,

3. UNITED INDIA INSURANCE CO. LTD.,

                For Petitioner  :SRI.C.RAJENDRAN

                For Respondent  :SRI.A.A.MOHAMMED NAZIR

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

 Dated :03/11/2008

 O R D E R
                           M.N.KRISHNAN, J.
                           --------------------------
                      M.A.C.A No. 2254 OF 2007
                             ---------------------
              Dated this the 3rd day of November, 2008

                               JUDGMENT

This appeal is preferred against the award passed by the

Motor Accident Cla`ims Tribunal, Manjeri, in OP(MV) 2042/02. The

claimant while travelling in a lorry sustained injuries on account of its

overturning. Therefore the claimant filed an application for

compensation. The Tribunal awarded him a sum of Rs.31,550/- but

exonerated the Insurance Company from the liability and directed the

2nd respondent in the claim petition to pay the amount, though it

made respondents 1 and 2 in the claim petition jointly and severally

liable for the same. It is against that decision, the owner has come

up in appeal.

2. It is attempted to be contended that the claimant was a

person travelling in the lorry as the representative of the owner of the

goods. Though respondents 1 and 2 entered appearance before the

court below, they did not even file a written statement. Learned

counsel for the Insurance Company has made available before me a

copy of the application filed by the claimant. In para.28 of the petition

MACA No. 2254/07
2

there is absolutely no averment to the effect that he was a

representative of the owner of the goods. Para.4 of the petition

would show that he was a coolie and the employment would show

that he is not permanently employed by anybody. So this is a case

where the claimant had travelled in the lorry as a passenger, which

unfortunately met with an accident resulting in sustainment of injuries

to him. The only legal question to be decided in this case is whether

in such case the Insurance Company is liable to pay the amount.

3. There is no dispute that the policy issued is only an Act only

policy. It is the settled position of law that the provisions for

compensation and liability of the Insurance Company under the

Motor Vehicles Act, 1939, and the unamended Motor Vehicles Act,

1988 are in pari materia and it is only by virtue of an amended Act 54

of 1994, which came into effect from 14.11.94, that a statutory

compulsory coverage was provided to the owner of the goods or the

representative of the owner of the goods. This position has been

made crystal clear by the Apex court in the decision reported in New

India Assurance Co. Ltd. v. Asha Rani [2003 (1) KLT 165 (SC)] .

Admittedly, in this case the accident had taken place after the

MACA No. 2254/07
3

amended Act. Unless the claimant or the owner is able to establish

that the claimant was travelling in the lorry as the owner of the goods

or representative of the owner of the goods, the coverage under

section 147 will not be available and being an Act only policy, the

Insurance Company is entitled for total exoneration of the liability.

This is what has been precisely done by the Tribunal applying the

correct provisions of law.

Therefore the appeal lacks merit and it is dismissed. But taking

into consideration the facts and circumstances of the case, I direct

the authorities to grant three months’ time for the appellant to pay the

balance amount. The amount already deposited by the owner for the

purpose of filing the appeal be disbursed to the claimant.

M.N.KRISHNAN, JUDGE
vps

MACA No. 2254/07
4