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2008 Supreme(Online)(KER) 38566

HIGH COURT OF KERALA
M.N.KRISHNAN, J
ORIENTAL INSURANCE COMPANY LIMITED – Appellant
Versus
SAKUNDAN AND ANOTHER – Respondent


J U D G M E N T

These appeals are preferred against the award of the Motor Accidents Claims Tribunal, Kollam in O.P.(MV) Nos.1650/01, 1654/01, 1651/01 and 1653/01. In all these cases the claimants were awarded a compensation and the insurance company was directed to pay the amount and get it reimbursed from the owner-cum-driver. The contention raised by the insurance company was to the effect that the persons were travelling in a goods vehicle which was only having an Act only policy and therefore they were not covered by the policy and therefore the insurance company is not liable to pay the amount at all. Now the position is well settled that the statutory policy covers only the owner of the goods or the representative of the owner of the goods. After the amendment to the M.V.Act by Act 54 of 1994 it has been succinctly laid down in Asha Rani's case(New India M.A.C.A. No.1354/08 & Con. cases Assurance Co. Ltd. v. Asha Rani 2003 (1) KLT 165) that S.95 of the old M.V. Act and S.147 of the M.V.Act prior to amendment stood in pari materia and both do not cover even the owner of the goods or representative of the owner of the goods. The Tribunal has definitely entered into a finding th

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