IN THE HIGH COURT OF KERALA AT ERNAKULAM
MACA.No. 1245 of 2008()
1. THE BRANCH MANAGER, M/S.NEW INDIA
... Petitioner
Vs
1. PUTHIYA PURAYIL GOVINDAN,
... Respondent
2. THAZHEKURUNTHIL UDAYAKUMAR,
3. N.BALAKRISHNAN, S/O.K.K.KARTHYAAYANI,
For Petitioner :SRI.S.MAMMU
For Respondent :SRI.GRASHIOUS KURIAKOSE
The Hon'ble MR. Justice M.N.KRISHNAN
Dated :05/01/2009
O R D E R
M.N. KRISHNAN, J
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M.A.C.A.No. 1245 OF 2008
---------------------------------
Dated this the 5th day of January, 2009
JUDGMENT
This appeal is preferred against the award of the Motor
Accident Claims Tribunal, Thalassery in O.P.(MV) No.501/2001. The
claim is one for damages and the tribunal granted compensation of
Rs. 28,500/- and directed the 3rd respondent to pay the amount. A
perusal of para 8 of the award would reveal that the 3rd respondent
has filed an additional written statement raising the contention that
there was no valid driving licence for the driver and therefore it
amounts to breach of policy conditions and so it is entitled to get
reimbursement. But at the time of passing the award the tribunal
did not consider Exts. B1 and B2 on the ground that the additional
written statement has been filed without a petition. I think the said
approach is erroneous. It requires consideration. After permitting
the parties to proceed with the trial and marking of Exts. B1 and B2
at the last stage, it is not proper to discard that contention on the
ground that no application is filed to receive the additional written
statement. The court should have directed the Company to file
such application to receive additional written statement. Therefore
M.A.C.A.No. 1245/2008
-2-
in order to decide the inter se dispute between the owner and the
Insurance Company the matter requires reconsideration.
Therefore the award is set aside to that extent and the matter
is remitted back to the tribunal for fresh consideration by permitting
the Insurance Company if insisted by the tribunal to file an
application for acceptance of additional written statement and
permit all the parties to adduce evidence in support of their
respective contentions and then dispose of the matter in accordance
with law. The Insurance Company is directed to take out notice to
the owner after its appearance before the tribunal.
Parties are directed to appear before the tribunal on
16.2.2009.
M.N. KRISHNAN,JUDGE
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