IN THE HIGH COURT OF KERALA AT ERNAKULAM
MACA.No. 646 of 2005(B)
1. SAVY @ FRANCIS ZAVIER, S/O.JOHN,
... Petitioner
Vs
1. A.J.JOSEPH, S/O.JOSEPH,
... Respondent
2. PRAKASH, S/O.NARAYANAN,
3. THE ORIENTAL INSURANCE COMPANY LTD.,
For Petitioner :SRI.SHAJI THOMAS PORKKATTIL
For Respondent :SRI.A.R.GEORGE
The Hon'ble MR. Justice C.N.RAMACHANDRAN NAIR
The Hon'ble MR. Justice HARUN-UL-RASHID
Dated :03/11/2008
O R D E R
C .N. RAMACHANDRAN NAIR &
HARUN-UL-RASHID, JJ.
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M.A.C.A. No. 646 OF 2005
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Dated this the 3rd day of November, 2008
JUDGMENT
Ramachandran Nair,J.
Appeal is filed for enhancement of compensation granted to the
appellant and also for fixing liability on the insurance company which
disowned the policy. We have heard counsel appearing for the
appellant and standing counsel appearing for the third respondent. It is
seen that the appellant who suffered fracture was treated in the Medical
College Hospital, Kottayam. Even though in the police case, details of
the insurance policy are stated, MACT found that there is no proof of
valid insurance policy. However, appellant’s case is that shifting of
office of the insurance company from Ponkunnam to Kanjirappally has
led to the problem. If there is a valid policy then insurance company is
liable to pay compensation, no matter the registered owner and driver
have not filed appeal. Since appellant has further case that other
details, such as medical bills, etc. could not be produced before the
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MACT, we set aside the award of the MACT with direction to MACT
to reconsider the matter after giving opportunity to the appellant to
produce documents, including medical bills, and also to the insurance
company to produce policy and adduce evidence in the matter.
Tribunal will pass fresh award within four months from the date of
production of a copy of this judgment by the appellant.
Appeal is allowed as above.
(C.N.RAMACHANDRAN NAIR)
Judge.
(HARUN-UL-RASHID)
Judge.
kk
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