IN THE HIGH COURT OF KERALA AT ERNAKULAM
MACA.No. 2562 of 2009()
1. THE ORIENTAL INSURANCE CO.LTD.,
... Petitioner
Vs
1. LIJU, REPRESENTED BY HIS FATHER LEVI,
... Respondent
2. S.VELUSWAMY, KUTTAITHOTTAM,
3. ANURUDHAN, ALAMCODE VEEDU,
For Petitioner :SRI.GEORGE CHERIAN (THIRUVALLA)
For Respondent :SRI.R.T.PRADEEP
The Hon'ble MR. Justice M.N.KRISHNAN
Dated :05/04/2010
O R D E R
M.N. KRISHNAN, J.
...........................................
M.A.C.A.No.2562 OF 2009
.............................................
Dated this the 5th day of April, 2010.
J U D G M E N T
This appeal is preferred against the award of the
Claims Tribunal, Neyyattinkara in OP(MV)No.1016/2000.
The claimant, who sustained injuries in a road accident, was
awarded a compensation of Rs.50,500/= and the insurance
company was directed to pay the amount. The accident had
taken place on 24.07.2000. The tribunal relied upon
Ext.B1 document as a copy of the policy for the period
14.7.2000 to 13.7.2001 and therefore found the insurance
company liable to pay the amount.
2. If there is a policy as stated, necessarily the
insurance company is bound to pay the amount. The
contention of the insurance company is to the effect that
there is no policy as stated in the award. According to the
insurance company, the policy relates to the period from
4.8.2000 to 3.8.2001. If it is correct, unless it is proved
that there is a policy prior to that, the insurance company
cannot be saddled with the liability. I am also informed that
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this was based on production of a certificate of insurance
by the investigating agency. I do not know how the learned
tribunal marked the document as Ext.B1 when it is
produced by the claimant. As correctly stated by the
learned counsel for the respondents that the court must be
realistic and more concerned about the correctness of the
policy, I totally agree with the learned counsel. Therefore
what is required to be found out is whether there is a policy
as stated.
3. Therefore the matter requires reconsideration by
permitting all concerned to produce both documentary as
well as oral evidence in support of their respective
contentions to find out the existence of valid policy as on
the date of accident. Since the owner has not chosen to
appear before the court, the insurance company is directed
to take out notice to the owner as well since he will be
affected, he be also heard before a final decision is taken in
the matter. Parties are directed to appear before the
tribunal on 20.5.2010.
Disposed of accordingly.
M.N. KRISHNAN, JUDGE
cl
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