IN THE HIGH COURT OF KERALA AT ERNAKULAM
MACA.No. 134 of 2008()
1. THE NATIONAL INSURANCE COMPANY LTD.,
... Petitioner
Vs
1. RAVEENDRAN NAIR, AGED 38 YEARS,
... Respondent
2. INDU LEKHA, W/O. RAVEENDRAN NAIR -DO-
3. M.N. SAHADEVAN NAIR,
For Petitioner :SRI.RAJAN P.KALIYATH
For Respondent : No Appearance
The Hon'ble MR. Justice M.N.KRISHNAN
Dated :29/01/2009
O R D E R
M.N. KRISHNAN, J.
= = = = = = = = = = = = = =
M.A.C.A. NO. 134 OF 2008
= = = = = = = = = = = = = = =
Dated this the 29th day of January, 2009
J U D G M E N T
This appeal is preferred against the preliminary award
of the Motor Accidents Claims Tribunal, Pathanamthitta in
O.P.(MV)1597/02. The Tribunal has awarded a compensation
of Rs.25,000/- under Section 140 of the M.V.Act and it is
also stated therein that the petition was not opposed by the
respondent. It is disputed by the counsel for the insurance
company. Whatever it may be I am not inclined to interfere
with the award at this stage. But I make it very clear that
the insurance company is entitled to take up all the contentions
which it wants to raise including the non-involvement of the
vehicle which is insured with the company and the matter is
to be decided independently irrespective of preliminary
judgment. The question of non-involvement of the vehicle
etc. also may be considered as an issue and the matter be
disposed of in accordance with law.
The MACA is disposed of accordingly.
M.N. KRISHNAN, JUDGE.
ul/-