IN THE HIGH COURT OF KERALA AT ERNAKULAM
MACA.No. 1634 of 2008()
1. HABUSA BEEVI, D/O.FATHIMA BEEVI,
... Petitioner
Vs
1. SURESH BABU, S/O.REGHUNATHA KURUP,
... Respondent
2. NAZEER, S/O. MEERA SAHIB,
3. THE MANAGER, UNITED INDIA
For Petitioner :SRI.MILLU DANDAPANI
For Respondent :SRI.P.JAYASANKAR
The Hon'ble MR. Justice M.N.KRISHNAN
Dated :17/12/2008
O R D E R
M.N.KRISHNAN, J
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MACA No.1634 OF 2008
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Dated this the 17th day of December 2008
JUDGMENT
This appeal is preferred against the award of the Motor Accidents
Claims Tribunal, Attingal in O.P.(MV)No.1380 of 1998. The Tribunal
awarded a compensation of Rs.51,230/- and directed respondents 1 and 2 in
the claim petition to pay the amount and exonerated the insurance company
from the liability on the ground that the existence of the policy was not
proved. Aggrieved by that decision the appeal has been preferred. Learned
counsel for the appellant had produced before me as Annexure C , a copy
of the petition in another case, O.P.(MV)No.105 of 1997 of the same
Tribunal, where the very same vehicle got involved in the accident. There
also the first respondent is the present appellant. In the cause title itself, the
name of the insurance company with policy number and validity period has
been given and the validity period is shown as 14.6.1996 to 8.4.1997. It is
also seen from Annexure D order that the same matter was compromised
between the insurance company and the claimant therein admitting the
existence of the policy and Rs.12,000/- has been awarded as compensation.
MACA 1634/2008 -:2:-
The date of accident in the present case is 18.3.1997. Suppose the valid
period as shown in O.P.(MV)No.105 of 1997 is true and correct, then the
vehicle has got valid coverage upto 8.4.1997. So, it is a matter that requires
consideration. More over, the appellant has also made an application before
this Tribunal requesting the insurance company to produce the said policy.
Certainly some documents will be available with the insurance company
regarding the same or at least the case file regarding O.P.(MV)No.105 of
1997which will be helpful to find out the existence of the policy. Therefore
I set aside the award so far as it relates to the fixation of liability is
concerned and an opportunity is given to the present appellant to file a
written statement giving specifications and number of the policy and also
permit the insurance company to file additional written statement and
produce necessary documents in support of her contentions. Thereafter the
Tribunal shall consider the question of validity of the policy and the
contention raised by the insurance company regarding interest and the
matter be dispose of. Parties are directed to appear before the Tribunal on
21.1.2009. On that date, the receipt regarding payment of cost ordered in
C.M.A.No.1610/2008 in this case also be produced with a memo so that
the Tribunal can proceed with the matter. The appellant is permitted to
take back Annexures A to E and produce them before the Tribunal.
MACA 1634/2008 -:3:-
MACA is disposed of as above.
M.N.KRISHNAN, JUDGE
Cdp/-