High Court Kerala High Court

National Insurance Company Ltd vs Eswin Sugunan on 23 October, 2008

Kerala High Court
National Insurance Company Ltd vs Eswin Sugunan on 23 October, 2008
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

MACA.No. 1060 of 2008()



1. NATIONAL INSURANCE COMPANY LTD.
                      ...  Petitioner

                        Vs

1. ESWIN SUGUNAN
                       ...       Respondent

                For Petitioner  :SRI.P.R.RAMACHANDRA MENON

                For Respondent  :SRI.M.R.SASITH

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

 Dated :23/10/2008

 O R D E R
                            M.N.KRISHNAN, J.
                            --------------------------
                       M.A.C.A No. 1060 OF 2008
                              ---------------------
                Dated this the 23rdday of October, 2008

                                JUDGMENT

This appeal is preferred against the award passed by the Motor

Accident Claims Tribunal,Irinjalakuda, in OP(MV) 1517/01. The claimant, a

passenger in a private car, sustained injuries in a road accident. The

Insurance Company contended that being a passenger in a private car and

as wider premium is not collected, his status is that of a gratuitous

passenger and therefore the Insurance Company is not liable to indemnify.

Learned counsel for the Insurance Company made available before me for

perusal a copy of the additional written statement wherein it is specifically

contended that the policy does not cover the passenger. Unfortunately, the

said point has not been considered and the issue has not been raised.

Therefore, the matter requires interference.

The award under challenge is set aside and the matter is remitted

back to the Tribunal to decide the inter se liability between the insurer and

the insured and as to whether the claimant will be entitled to claim any

compensation from the Insurance Company. Parties are permitted to

produce documentary as well as oral evidence in support of their

respective contentions and the Tribunal shall dispose of the matter in

accordance with law.

Parties are directed to appear before the Tribunal on 10.12.08.

M.N.KRISHNAN, JUDGE
vps

MACA No. 1060/08
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