IN THE HIGH COURT OF KERALA AT ERNAKULAM
MACA.No. 1060 of 2008()
1. NATIONAL INSURANCE COMPANY LTD.
... Petitioner
Vs
1. ESWIN SUGUNAN
... Respondent
For Petitioner :SRI.P.R.RAMACHANDRA MENON
For Respondent :SRI.M.R.SASITH
The Hon'ble MR. Justice M.N.KRISHNAN
Dated :23/10/2008
O R D E R
M.N.KRISHNAN, J.
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M.A.C.A No. 1060 OF 2008
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Dated this the 23rdday of October, 2008
JUDGMENT
This appeal is preferred against the award passed by the Motor
Accident Claims Tribunal,Irinjalakuda, in OP(MV) 1517/01. The claimant, a
passenger in a private car, sustained injuries in a road accident. The
Insurance Company contended that being a passenger in a private car and
as wider premium is not collected, his status is that of a gratuitous
passenger and therefore the Insurance Company is not liable to indemnify.
Learned counsel for the Insurance Company made available before me for
perusal a copy of the additional written statement wherein it is specifically
contended that the policy does not cover the passenger. Unfortunately, the
said point has not been considered and the issue has not been raised.
Therefore, the matter requires interference.
The award under challenge is set aside and the matter is remitted
back to the Tribunal to decide the inter se liability between the insurer and
the insured and as to whether the claimant will be entitled to claim any
compensation from the Insurance Company. Parties are permitted to
produce documentary as well as oral evidence in support of their
respective contentions and the Tribunal shall dispose of the matter in
accordance with law.
Parties are directed to appear before the Tribunal on 10.12.08.
M.N.KRISHNAN, JUDGE
vps
MACA No. 1060/08
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