National Insurance Co Ltd vs Rahdamany on 4 August, 2006

       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

MACA No. 1328 of 2006()


1. NATIONAL INSURANCE CO LTD.,
                      ...  Petitioner

                        Vs



1. RAHDAMANY,
                       ...       Respondent

2. THULASEEDHARAN, VRINDHAVAN,

                For Petitioner  :SRI.GEORGE CHERIAN (THIRUVALLA)

                For Respondent  :SRI.SEBASTIAN PHILIP

The Hon'ble MR. Justice THOTTATHIL B.RADHAKRISHNAN

 Dated :04/08/2006

 O R D E R
                           THOTTATHIL B RADHAKRISHNAN,J
                         ---------------------------------------------------------
                I.A. NO. 1471 OF 2006 IN M.A.C.A. NO. 1328 OF 2006
                         ---------------------------------------------------------
                            Dated this the 4nd day of August 2006


                                                ORDER

This is an appeal by an insurer challenging an award under section 140 of

the Motor Vehicles Act, 1948. One of the grounds of the appeal is that the

policy is only one that is normally referred to as “Act only policy” and that

therefore the insurer is not liable to satisfy the award under section 140.

Whether the award under section 140 on principle of no fault liability will also fall

under the requirements of policies and limits of liabilities under section 147 is an

issue of law which requires to be considered. It is pointed out by the learned

counsel for the appellant that there is no precedent directly governing the point.

Accordingly, this appeal is admitted and notice is issued, by speed post

returnable in 10 days through counsel before the court below, to the respondents

. There will be an interim order of stay of the impugned interim award, as against

the appellant, for a period of three weeks.

THOTTATHIL B. RADHAKRISHNAN,
JUDGE.

RV/