National Insurance Co Ltd vs Rahdamany on 31 July, 2008

       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

MACA.No. 1328 of 2006()


1. NATIONAL INSURANCE CO LTD.,
                      ...  Petitioner

                        Vs



1. RAHDAMANY,
                       ...       Respondent

2. THULASEEDHARAN, VRINDHAVAN,

                For Petitioner  :SRI.GEORGE CHERIAN (THIRUVALLA)

                For Respondent  :SRI.SEBASTIAN PHILIP

The Hon'ble MR. Justice M.N.KRISHNAN

 Dated :31/07/2008

 O R D E R
                        M.N. KRISHNAN, J.
              = = = = = = = = = = = = = =
                M.A.C.A. NO. 1328 OF 2006
             = = = = = = = = = = = = = = =
          Dated this the 31st day of July, 2008.

                       J U D G M E N T

This appeal is preferred against the preliminary award

passed under Section 140 the M.V. Act. The contention of

the insurance company is that the claimant is a gratuitous

passenger in a private car, not covered by the Act only policy

and therefore it is not bound to indemnify the owner. It is a

question which can be raised by the insurance company at any

stage of the proceedings. Therefore that matter requires

reconsideration. Therefore the award under challenge is set

aside and the Tribunal is directed to consider the O.P.(MV)

itself as expeditiously as possible at any rate within a period

of two months from the date of receipt of a copy of this

judgment. All contentions of the parties can be looked into

and the matter be disposed of.

M.N. KRISHNAN, JUDGE.

ul/-