IN THE HIGH COURT OF KERALA AT ERNAKULAM
MACA.No. 2177 of 2008()
1. M.REGHUNATHA PILLAI
... Petitioner
Vs
1. NANUKUTTAN, S/O.CHANDRAN,
... Respondent
2. RAMACHANDRAN PILLAI
3. NATIONAL INSURANCE COMPANY LTD
For Petitioner :SRI.PREMCHAND R.NAIR
For Respondent :SRI.SAJU.S.A
The Hon'ble MR. Justice M.N.KRISHNAN
Dated :28/06/2010
O R D E R
M.N. KRISHNAN,J
----------------------
M.A.C.A. No. 2177 OF 2008
-----------------------------------
Dated this the 28th day of June, 2010
J U D G M E N T
This is an appeal preferred against the award of the claims
Tribunal, Punalur in O.P.(MV).1266/02. The claimant sustained
injuries in a road accident and the tribunal has awarded a
compensation of Rs.39,278/- and exonerated the Insurance
company from the liability and directed the owner to pay
compensation. It is against that decision the 1st respondent in the
claim petition has come up in appeal.
2. Heard the learned counsel for the appellant as well as
insurance company.
3. The insurance company was exonerated from the liability
on the ground that the policy relating to the period from
26.3.2002 to 25.3.2003 alone was produced where as accident
had taken place on 29.1.2002. Now the learned counsel for the
appellant by resorting to the provisions under Right to Information
Act, had obtained information from the Insurance company
namely, National Insurance Company and it is seen that there was
a policy issued for the period from 19.2.2001 to 18.2.2002 with
MACA. No.2177/08 2
reference to Engine number and chassis number DV.100519. It is
seen that the vehicle number is not mentioned there. But if the
registration number of the vehicle tally with engine number for
which registration is issued it may have to be stated that there
was a valid policy on the date of the accident. But it requires
registration particulars, engine number and therefore the matter
requires reconsideration by the tribunal. Therefore the award
under challenge is set aside so far it relates to the interse liability
of the owner and insurance company are concerned and the
matter is remanded back to tribunal with a direction to permit all
concerned to produce both documentary as well as oral evidence
in support of their respective contentions and then the matter be
disposed of in accordance with law. Since notice to the claimant
is dispensed with, he may be also given a notice from the tribunal
by the appellant namely, the first respondent. The parties are
directed to appear before the tribunal on 27.7.2010.
M.N. KRISHNAN, JUDGE.
Sou.