High Court Kerala High Court

Habusa Beevi vs Suresh Babu on 17 December, 2008

Kerala High Court
Habusa Beevi vs Suresh Babu on 17 December, 2008
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

MACA.No. 1634 of 2008()


1. HABUSA BEEVI, D/O.FATHIMA BEEVI,
                      ...  Petitioner

                        Vs



1. SURESH BABU, S/O.REGHUNATHA KURUP,
                       ...       Respondent

2. NAZEER, S/O. MEERA SAHIB,

3. THE MANAGER, UNITED INDIA

                For Petitioner  :SRI.MILLU DANDAPANI

                For Respondent  :SRI.P.JAYASANKAR

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

 Dated :17/12/2008

 O R D E R
                             M.N.KRISHNAN, J
                       =====================
                         MACA No.1634 OF 2008
                       =====================

                Dated this the 17th day of December 2008

                                 JUDGMENT

This appeal is preferred against the award of the Motor Accidents

Claims Tribunal, Attingal in O.P.(MV)No.1380 of 1998. The Tribunal

awarded a compensation of Rs.51,230/- and directed respondents 1 and 2 in

the claim petition to pay the amount and exonerated the insurance company

from the liability on the ground that the existence of the policy was not

proved. Aggrieved by that decision the appeal has been preferred. Learned

counsel for the appellant had produced before me as Annexure C , a copy

of the petition in another case, O.P.(MV)No.105 of 1997 of the same

Tribunal, where the very same vehicle got involved in the accident. There

also the first respondent is the present appellant. In the cause title itself, the

name of the insurance company with policy number and validity period has

been given and the validity period is shown as 14.6.1996 to 8.4.1997. It is

also seen from Annexure D order that the same matter was compromised

between the insurance company and the claimant therein admitting the

existence of the policy and Rs.12,000/- has been awarded as compensation.

MACA 1634/2008 -:2:-

The date of accident in the present case is 18.3.1997. Suppose the valid

period as shown in O.P.(MV)No.105 of 1997 is true and correct, then the

vehicle has got valid coverage upto 8.4.1997. So, it is a matter that requires

consideration. More over, the appellant has also made an application before

this Tribunal requesting the insurance company to produce the said policy.

Certainly some documents will be available with the insurance company

regarding the same or at least the case file regarding O.P.(MV)No.105 of

1997which will be helpful to find out the existence of the policy. Therefore

I set aside the award so far as it relates to the fixation of liability is

concerned and an opportunity is given to the present appellant to file a

written statement giving specifications and number of the policy and also

permit the insurance company to file additional written statement and

produce necessary documents in support of her contentions. Thereafter the

Tribunal shall consider the question of validity of the policy and the

contention raised by the insurance company regarding interest and the

matter be dispose of. Parties are directed to appear before the Tribunal on

21.1.2009. On that date, the receipt regarding payment of cost ordered in

C.M.A.No.1610/2008 in this case also be produced with a memo so that

the Tribunal can proceed with the matter. The appellant is permitted to

take back Annexures A to E and produce them before the Tribunal.

MACA 1634/2008 -:3:-

MACA is disposed of as above.

M.N.KRISHNAN, JUDGE

Cdp/-