IN THE HIGH COURT OF KERALA AT ERNAKULAM
MACA.No. 733 of 2007()
1. NATIONAL INSURANCE COMPANY LIMITED,
... Petitioner
Vs
1. CHELLAMUTHU, S/O.CHELLATHAL,
... Respondent
2. KUMARASWAMY, S/O.CHELLATHAL, DO. DO.
For Petitioner :SRI.MATHEWS JACOB (SR.)
For Respondent : No Appearance
The Hon'ble MR. Justice M.N.KRISHNAN
Dated :29/09/2010
O R D E R
M.N. KRISHNAN, J.
= = = = = = = = = = = = = =
M.A.C.A. NO. 733 OF 2007
= = = = = = = = = = = = = = =
Dated this the 29th day of September, 2010.
J U D G M E N T
This appeal is preferred against the award of the
Motor Accidents Claims Tribunal, Perumbavoor in O.P.
(MV)351/97. The short point that arises for
determination is the liability of the insurance company.
The insurance company had specifically raised a
contention “the policy covers liability only to third party
and pillion rider carried in the vehicle is not covered
under the policy.” So there is a specific plea in the
written statement to the effect that the policy issued
does not cover the risk of a pillion rider. Unfortunately
the Tribunal did not raise an issue and considered that
question. Since it is an Act only policy I could have
disposed of the matter here itself. Since the
respondents are not before me and it is only served by
affixture I feel an opportunity can be given so as to
M.A.C.A. 733 OF 2007
-:2:-
raise their contentions regarding the same.
2. Therefore the award under challenge is set
aside to the limited extent of the liability of the
insurance company. The Tribunal is directed to frame an
appropriate issue, permit the parties to adduce evidence
on that regard and then dispose of the matter in
accordance with law. Parties are directed to appear
before the Tribunal on 2.11.10 and the insurance
company is directed to take out notice to the claimant
as well as the owner after it enters appearance before
the said Court.
M.N. KRISHNAN, JUDGE.
ul/-