High Court Kerala High Court

The Oriental Insurance Co.Ltd vs G.L.Gohil on 14 October, 2008

Kerala High Court
The Oriental Insurance Co.Ltd vs G.L.Gohil on 14 October, 2008
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

MACA.No. 199 of 2005()


1. THE ORIENTAL INSURANCE CO.LTD.,
                      ...  Petitioner

                        Vs



1. G.L.GOHIL,C/O. VEERENDRA TRANSPORT
                       ...       Respondent

2. K.K.SAJU,S/O. KOCHAPPAN,

                For Petitioner  :SRI.GEORGE CHERIAN (THIRUVALLA)

                For Respondent  : No Appearance

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

 Dated :14/10/2008

 O R D E R
                       M.N. KRISHNAN, J.
               = = = = = = = = = = = = = =
                 M.A.C.A. NO. 199 OF 2005
            = = = = = = = = = = = = = = =
       Dated this the 14th day of October, 2008.

                      J U D G M E N T

This appeal is preferred against the award of the Motor

Accidents Claims Tribunal, Irinjalakuda in O.P.(MV)710/96.

The claimant, a pillion rider in a two wheeler, sustained

injuries in a road accident. He has been awarded a

compensation of Rs.28,687/- with 6% interest. Against that

the insurance company has come in appeal.

2. The insurance company has raised two contentions,

namely, that the driver did not have a valid driving licence

and secondly being a pillion rider the claimant is not covered

by the policy. Unfortunately, both the contentions are not

considered by the Tribunal at all and therefore the matter

requires interference. Therefore the award under challenge

is set aside and the matter is remitted back to the Tribunal

for fresh consideration regarding the validity of the driving

M.A.C.A. 199 OF 2005
-:2:-

licence as well as the question of coverage of a pillion rider in

a two wheeler. Parties are directed to appear before the

Tribunal on 25.11.08.

The MACA is disposed of accordingly.

M.N. KRISHNAN, JUDGE.

ul/-