IN THE HIGH COURT OF KERALA AT ERNAKULAM
MACA.No. 8 of 2008(A)
1. MANAGING PARTNER,
... Petitioner
Vs
1. MATHAI, AGED 80 YEARS,
... Respondent
2. MARIAMMA, AGED 55 YEARS,
3. SOOSAN, AGED 50 YEARS,
4. ELIAMMA, W/O. YACOB,
5. ANNAKUNJU @ ANNAMMA, AGED 45 YEARS,
6. NELSON,
7. MANAGING PARTNER,
8. DEVADAS, S/O.KRISHNAN NAIR,
For Petitioner :SRI.S.M.PRASANTH
For Respondent :SRI.S.EASWARAN
The Hon'ble MR. Justice J.B.KOSHY
The Hon'ble MR. Justice P.N.RAVINDRAN
Dated :11/06/2008
O R D E R
J.B.Koshy & P.N.Ravindran, JJ.
=====================
M.A.C.A.No.8 of 2008
=====================
Dated this the 11th day of June, 2008.
JUDGMENT
Koshy,J.
This appeal is filed by the registered owner of the vehicle,
who was directed to deposit an amount of Rs.45,850/- with
interest. His contention that the offending vehicle was
transferred in the name of the 7th respondent herein was not
accepted by the Tribunal. The vehicle was covered by a valid
insurance policy. But he has not furnished the particulars. Now
it is submitted that the vehicle was insured with the United India
Insurance bearing policy No.100311/ 31/10/11/1937/97 for the
period between 10.12.1997 and 9.12.1998. The accident
occurred on 7.8.1998. He ought to have submitted these details
before the Tribunal after impleading the Insurance Company.
We have directed the Standing Counsel for the Insurance
Company to verify whether the above insurance policy issued was
valid at the time of accident. The standing counsel for the
Insurance Company submitted that there was valid insurance
policy at the time of the accident. It is further submitted that if
the Insurance Company was impleaded as a party, it could have
contested the case with respect to various aspects like violation
MACA 8/08 -: 2 :-
of policy conditions. Considering the injuries of the original
claimant and the expenses incurred by him, the compensation
amount awarded is just and reasonable. Therefore the case can
be remanded only with regard to the liability of the Insurance
Company.
2. In these circumstances, we direct the Tribunal to disburse
the amount deposited by the appellant to the claimants. We are
remanding the matter so that the Insurance Company can
contest the case regarding violation of policy conditions and if the
entire liability is on the Insurance Company, the appellant will be
entitled to get reimbursement of the amount already deposited
from the Insurance Company and the balance amount, if any,
need be deposited by the Insurance Company.
The parties are directed to appear before the Tribunal on
5.8.2008. The appeal is allowed by way of remand regarding the
issue already mentioned above.
J.B.Koshy,
Judge.
P.N.Ravindran,
Judge.
ess 12/6