National Insurance Co.Ltd. By Its vs Minor Sejo on 30 May, 2008

       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

MACA.No. 974 of 2008()


1. NATIONAL INSURANCE CO.LTD.  BY ITS
                      ...  Petitioner

                        Vs



1. MINOR SEJO, AGED 11YEARS, (2000) REP.
                       ...       Respondent

2. RADHAKRISHNAN,S/O.RAMAKRISHNAN

3. N.V.JITHESH KUMAR, S/O. VISWAMBHARAN

                For Petitioner  :SRI.RAJAN P.KALIYATH

                For Respondent  : No Appearance

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

 Dated :30/05/2008

 O R D E R
                             M.N.Krishnan,J.
                       --------------------------------
                          M.A.C.A.No.974 of 2008
                       --------------------------------
                   Dated, this the 30th day of May, 2008

                                JUDGMENT

This appeal is preferred against the award of the Motor Accidents

Claims Tribunal, Ernakulam in O.P.(M.V.).No.2659 of 2002.

2. The Tribunal has awarded a compensation of Rs.15,000/-

with 7.5% interest per annum and made the Insurance Company

liable. It is against that decision, the Insurance Company has come up

in appeal.

3. A perusal of the written statement would show that the

Insurance Company has disputed the existence of a valid policy. The

Tribunal in para 10 of the award has stated:

“R3 has not produced any document evidencing the
policy covering the risk”.

I feel, what the Tribunal intended was that there is no policy. If it is so,

it should not have made the Insurance Company liable for the amount.

The matter requires reconsideration and I do not propose to send

notice to the other side for the reason that the award has to be set

aside so far as it relates to the liability of the Insurance Company is

concerned and a fresh look is necessary on account of this mistake.

M.A.C.A.No.974 of 2008 – 2 –

4. Therefore, the award passed by the Tribunal, so far as it

relates to the liability, is set aside and the question whether the

Insurance Company is liable to indemnify the owner on account of the

fact of denial of the policy be considered by the Tribunal. Since I am

disposing of the appeal at the admission stage, the Tribunal is directed

to give notice to the counsel who has appeared for the owner before

further proceeding with the matter. The Insurance Company is directed

to appear before the Court below on 15th July, 2008.

M.N.Krishnan
Judge

vku/-