IN THE HIGH COURT OF KERALA AT ERNAKULAM
MACA.No. 1217 of 2009()
1. SIVAN, S/O.SWAMINATHAN,
... Petitioner
Vs
1. MADHAVAN, S/O.ECHARAN, AGED 37 YEARS,
... Respondent
2. SANTHOSH.P., S/O.PALANIMALA,
3. UNITED INDIA INSURANCE COMPANY LTD.,
For Petitioner :SRI.K.LAKSHMINARAYANAN
For Respondent :SRI.RAJESH SIVARAMANKUTTY
The Hon'ble MR. Justice M.N.KRISHNAN
Dated :02/12/2009
O R D E R
M.N. KRISHNAN, J.
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M.A.C.A. NO. 1217 OF 2009
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Dated this the 2nd day of December, 2009.
J U D G M E N T
This appeal is preferred against the award of the Motor
Accidents Claims Tribunal, Palakkad in O.P.(MV)490/00. The
claimant, while travelling in a goods vehicle sustained
injuries on account of the overturning of the vehicle. The
Tribunal determined the compensation and exonerated the
insurance company from the liability on the ground that it is
only an Act only policy.
2. In order to claim compensation for a person who
travels in a goods vehicle it has to be proved that the said
person was covered by paying premium which will directly
cover the person. Another situation is when that person
travels in the goods vehicle as the owner of the goods or
representative of the owner of the goods. Prior to the
amendment Act 54 of 1994 the legal position was that such
persons were not covered by an Act only policy but by virtue
of the amendment the legislature introduced a clause
M.A.C.A. 1217 OF 2009
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covering the risk of the owner of the goods or representative
of the owner of the goods. So if one is able to establish
before the Court that he was travelling in the goods vehicle
in the capacity of an owner of the goods or the
representative of the owner of the goods he may be entitled
to statutory benefit. Similarly the question whether there
must be actual goods at the time of the travel is also a
matter that requires consideration in the light of the various
decisions and especially one in favour of the claimant in
United India Insurance Co. Ltd. V. Suresh 2008 AIR
SCW 4739. So these are all matters which requires
detailed probe and the learned counsel for the appellant
seeks for an opportunity to establish his case. I do not want
to throw it away at this stage but I feel interest of justice
requires that an opportunity has to be given. Therefore I set
aside the award passed by the Tribunal without disturbing
the quantum already awarded and direct the Tribunal to
permit the owner and driver to file written statements and
then also produce documents in support of their respective
M.A.C.A. 1217 OF 2009
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contentions. Needless to say the insurance company can
also, if necessary, file additional written statement and then
adduce evidence in support of its contentions. Thereafter the
Tribunal shall hear the matter and dispose it of in accordance
with law. Parties are directed to appear before the Tribunal
on 8.1.2010.
M.N. KRISHNAN, JUDGE.
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