ORIENTAL INSURANCE CO. LTD. Vs. THOMAS

JUDGEMENT

(1.) This appeal is preferred against the award in O.P.(MV) No. 454/2005 of the Motor Accidents Claims Tribunal, Pathanamthitta by the insurer of the lorry KL-3E-9007. The injured's case is that on 31.01.2004 at 10 a.m., while he was alighting from a lorry KL 3E 9007 the 2nd respondent had driven the vehicle in a rash and negligent manner, as a result the claimant was thrown away and sustained serious injuries, immediately, he was removed to Pushpagiri Hospital, Thiruvalla. On the basis of a complaint, the police registered a case and after completing investigation, laid charge before the Judicial First Class Magistrate Court, Thiruvalla. The appellant insurance company in the written statement contended that the petitioner is a gratuitous passenger and he is not covered as per the policy. The injured was examined as PW1 and his documents were marked as Exts.A1 to A10. The appellant examined RW1 and marked Exts.B1 to B3 as his documentary evidence. The learned tribunal awarded total compensation of 78,309/- with 9% ? interest and cost to the injured and directed the appellant to satisfy the award.

(2.) The learned counsel for the appellant contended that the 1st respondent is a gratuitous passenger in a lorry and he is not covered as per the policy. The injured is an additional driver-cum-cleaner, who was not driving the lorry at the time of accident as directed by his employer. Merely he was travelling in the cabin of the lorry would not make him different from any other gratuitous passenger.

(3.) The learned counsel appearing for the 1st respondent contended that additional premium was collected under Ext.B3 policy and the claimant is covered as per the policy as an employee.