IN THE HIGH COURT OF KERALA AT ERNAKULAM
MACA.No. 2792 of 2009()
1. THE ORIENTAL INSURANCE CO. LIMITED
... Petitioner
Vs
1. THOMAS N.L., S/O. N.J.LONAPPAN
... Respondent
2. JOY, S/O. LONAPPAN, MAPPRANATHUKKARAN
3. A.A.VARGHESE, ACHANDY HOUSE,
For Petitioner :SRI.MATHEWS JACOB (SR.)
For Respondent :SRI.SHEJI P.ABRAHAM
The Hon'ble MR. Justice M.N.KRISHNAN
Dated :18/11/2009
O R D E R
M.N. KRISHNAN, J.
= = = = = = = = = = = = = =
M.A.C.A. NO. 2792 OF 2009
= = = = = = = = = = = = = = =
Dated this the 18th day of November, 2009.
J U D G M E N T
This appeal is preferred against the award of the Motor
Accidents Claims Tribunal, Ottappalam in O.P.(MV)1077/05.
The claimant, a pillion rider in a two wheeler sustained
injuries in a road accident and the Tribunal awarded him a
compensation of Rs.74,050/- and directed the insurance
company to pay the amount. Aggrieved by the said decision
the insurance company has come up in appeal.
2. Learned counsel for the insurance company very
strongly submits before me that the Tribunal has entered
into an erroneous finding without understanding the
implications of the policy produced in the case. The policy is
an an Act only policy where there is a coverage for personal
accident and some amount is paid for the same and there is
M.A.C.A. 2792 OF 2009
-:2:-
also an entry as extra loading . It has to be understood that
extra load is not some thing which is connected with the
coverage of a person in a policy. Similarly personal accident
coverage envisages a situation where the death results or a
permanent disability as per the endorsement in the policy
conditions takes place. Otherwise it is only a simple Act only
policy which covers the risk of only third parties. There was
a duty cast upon the counsel who appeared for the insurance
company before the Court below to explain those technical
terms to the Tribunal for due consideration. Therefore the
matter requires reconsideration at the hands of the Tribunal
and the award under challenge is liable to be set aside so far
as it relates to the interse liability. In the result MACA is
partly allowed and the award so far as it relates to the
liability of the insurance company is set aside and the matter
is remitted back to the Tribunal for fresh consideration by
permitting all concerned to produce documentary as well as
oral evidence as the case may be and then dispose of the
matter in accordance with law. Since the owner of the
vehicle has not entered appearance before this Court and as
M.A.C.A. 2792 OF 2009
-:3:-
it will directly affect him the insurance company is directed to
take out notice to the owner after he enters appearance
before the Tribunal. Parties are directed to appear before
the Tribunal on 17/12/09.
M.N. KRISHNAN, JUDGE.
ul/-