ORIENTAL INSURANCE CO. LTD. Vs. SUKUMARAN

JUDGEMENT

(1.) This appeal is preferred against the award in O.P.(MV) No. 2364/2004 of Motor Accident Claims Tribunal, Thrissur (for short "tribunal") by the Insurance Company. The first respondent in this appeal sustained injury in a motor accident on 17-10-2003 at 12.35 p.m. while he was travelling in a goods auto rickshaw and the tribunal awarded a sum of Rs. 80,100/- with interest and costs and the appellant was directed to satisfy the award.

(2.) The first respondent's case in the trial Court was that on 17-10-2003 at 12.35 p.m., he hired goods auto rickshaw KL-8/R 5996 for purchasing firewood from Ollur market. The driver of the goods vehicle driven the vehicle in a rash and negligent manner, as a result the vehicle capsized, he fell down and sustained serious injuries. The driver and owner of the vehicle were set ex parte in the lower Court. The appellant admitted the insurance of the vehicle, but denied the liability since there was violation of policy conditions. The tribunal examined PW 1 to PW 3 and marked documentary evidence Exts. A1 to A9. Appellant's documents were marked as Exts. B1 and B2.

(3.) Learned counsel appearing for the appellant contended that first respondent was a gratuitous passenger in a goods auto rickshaw. The owner of the vehicle got insurance coverage in respect of the goods vehicle for driver and owner of the goods alone. There is insurance coverage to the passenger sharing the seat of the driver even before carrying the goods in the vehicle. From the facts of the case, first respondent did not cease to be gratuitous passenger though he claimed as the owner of the goods. The insured had paid premium for driver and the owner of the goods alone. Since there was no statutory liability and contractual liability, appellant is not entitled to pay compensation. Appellant relief on the decision of Apex Court, reported in New India Assurance v. Asha Rani, 2003 2 SCC 223.