IN THE HIGH COURT OF KERALA AT ERNAKULAM
MACA.No. 225 of 2008()
1. THE NEW INDIA ASSURANCE CO.LTD.
... Petitioner
Vs
1. MATHEW GEORGE @ SHAJI, CHERUVIL HOUSE
... Respondent
2. MATHEW @ THAMPI, S/O.YESUDASAN
3. K.A. LBABUJI, KALLOORETHU HOUSE
For Petitioner :SRI.KKM.SHERIF
For Respondent :SRI.T.K.KOSHY
The Hon'ble MR. Justice M.N.KRISHNAN
Dated :23/05/2008
O R D E R
M.N. KRISHNAN, J.
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M.A.C.A. NO. 225 OF 2008
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Dated this the 23rd day of May, 2008.
J U D G M E N T
This appeal is preferred against the preliminary award
passed by the Motor Accidents Claims Tribunal,
Pathanamthitta in O.P.(MV)387/05. The Court below has
granted Rs.25,000/- as preliminary award amount and it is
noted that the petition is not opposed by the respondents.
The respondents would contend they have not conceded and
really the injured was a gratuitous passenger in a vehicle and
the insurance company is not liable to indemnify the owner
in such cases. I feel the proper remedy for the insurance
company is to file an application for review of the order and
therefore I dispose of the appeal with a direction to the
insurance company to file a review application and with a
further direction to the Motor Accidents Claims Tribunal to
consider it on merits and dispose it of in accordance with
law.
M.N. KRISHNAN, JUDGE.
ul/-