IN THE HIGH COURT OF KERALA AT ERNAKULAM
MACA.No. 43 of 2008()
1. THE ORIENTAL INSURANCE CO.LTD.,
... Petitioner
Vs
1. JYOTHI, S/O.JHANAPRAKASH, RESIDING AT
... Respondent
2. MARIYA, W/O.JYOTHI, RESIDING AT
3. VELAMKANNI, D/O.JYOTHI, RESIDING AT
4. PRABHU, S/O.JYOTHI, RESIDING AT WEST
5. SALIM, S/O.MEERAN, KANJIRAKOTTU HOUSE,
6. AZEEZ, S/O.KUNJU BHAVA,
7. REHURAMAN, S/O.NAGA RAJ, RESIDING AT
For Petitioner :SRI.GEORGE CHERIAN (THIRUVALLA)
For Respondent : No Appearance
The Hon'ble MR. Justice M.N.KRISHNAN
Dated :07/11/2008
O R D E R
M.N.KRISHNAN, J
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MACA No.43 OF 2008
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Dated this the 7th day of November 2008
JUDGMENT
This appeal is preferred against the award under Section 140 of the
Motor Vehicles Act. The insurance Company has been directed to pay the
amount under no fault liability. The contention of the insurance company is
that the vehicle insured, viz., the jeep is not at all involved in the accident
and since the rider of the scooter did not have any valid driving license or
insurance coverage the jeep is falsely implicated and therefore no award
shall be passed under Section 140 of the said Act. The very involvement of
the vehicle is in dispute. There cannot be any summary satisfaction of the
involvement of a vehicle by a mere perusal of the first information report
or scene mahazar. Therefore it is desirable that the matter is decided on
merit.
Therefore the award under challenge is set aside and the matter is
remitted back to the Tribunal with a direction to dispose of the claim
petition itself within 3 months from the date of receipt of a copy of this
judgment so that it can render final finding. If the amount is deposited, it
MACA 43/2008 -:2:-
shall remain in deposit before the Tribunal till the disposal of the appeal and
ultimately the insurance company is found not liable, let it be reimbursed to
the insurance company.
MACA is disposed of as above.
M.N.KRISHNAN, JUDGE
Cdp/-