High Court Kerala High Court

M.Reghunatha Pillai vs Nanukuttan on 28 June, 2010

Kerala High Court
M.Reghunatha Pillai vs Nanukuttan on 28 June, 2010
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

MACA.No. 2177 of 2008()


1. M.REGHUNATHA PILLAI
                      ...  Petitioner

                        Vs



1. NANUKUTTAN, S/O.CHANDRAN,
                       ...       Respondent

2. RAMACHANDRAN PILLAI

3. NATIONAL INSURANCE COMPANY LTD

                For Petitioner  :SRI.PREMCHAND R.NAIR

                For Respondent  :SRI.SAJU.S.A

The Hon'ble MR. Justice M.N.KRISHNAN

 Dated :28/06/2010

 O R D E R
                         M.N. KRISHNAN,J
                         ----------------------
                    M.A.C.A. No. 2177 OF 2008
                     -----------------------------------
               Dated this the 28th day of June, 2010

                          J U D G M E N T

This is an appeal preferred against the award of the claims

Tribunal, Punalur in O.P.(MV).1266/02. The claimant sustained

injuries in a road accident and the tribunal has awarded a

compensation of Rs.39,278/- and exonerated the Insurance

company from the liability and directed the owner to pay

compensation. It is against that decision the 1st respondent in the

claim petition has come up in appeal.

2. Heard the learned counsel for the appellant as well as

insurance company.

3. The insurance company was exonerated from the liability

on the ground that the policy relating to the period from

26.3.2002 to 25.3.2003 alone was produced where as accident

had taken place on 29.1.2002. Now the learned counsel for the

appellant by resorting to the provisions under Right to Information

Act, had obtained information from the Insurance company

namely, National Insurance Company and it is seen that there was

a policy issued for the period from 19.2.2001 to 18.2.2002 with

MACA. No.2177/08 2

reference to Engine number and chassis number DV.100519. It is

seen that the vehicle number is not mentioned there. But if the

registration number of the vehicle tally with engine number for

which registration is issued it may have to be stated that there

was a valid policy on the date of the accident. But it requires

registration particulars, engine number and therefore the matter

requires reconsideration by the tribunal. Therefore the award

under challenge is set aside so far it relates to the interse liability

of the owner and insurance company are concerned and the

matter is remanded back to tribunal with a direction to permit all

concerned to produce both documentary as well as oral evidence

in support of their respective contentions and then the matter be

disposed of in accordance with law. Since notice to the claimant

is dispensed with, he may be also given a notice from the tribunal

by the appellant namely, the first respondent. The parties are

directed to appear before the tribunal on 27.7.2010.

M.N. KRISHNAN, JUDGE.

Sou.