High Court Kerala High Court

Savy @ Francis Zavier vs A.J.Joseph on 3 November, 2008

Kerala High Court
Savy @ Francis Zavier vs A.J.Joseph on 3 November, 2008
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

MACA.No. 646 of 2005(B)


1. SAVY @ FRANCIS ZAVIER, S/O.JOHN,
                      ...  Petitioner

                        Vs



1. A.J.JOSEPH, S/O.JOSEPH,
                       ...       Respondent

2. PRAKASH, S/O.NARAYANAN,

3. THE ORIENTAL INSURANCE COMPANY LTD.,

                For Petitioner  :SRI.SHAJI THOMAS PORKKATTIL

                For Respondent  :SRI.A.R.GEORGE

The Hon'ble MR. Justice C.N.RAMACHANDRAN NAIR
The Hon'ble MR. Justice HARUN-UL-RASHID

 Dated :03/11/2008

 O R D E R
                  C .N. RAMACHANDRAN NAIR &
                       HARUN-UL-RASHID, JJ.
                  --------------------------------------------
                      M.A.C.A. No. 646 OF 2005
                  --------------------------------------------
               Dated this the 3rd day of November, 2008

                                JUDGMENT

Ramachandran Nair,J.

Appeal is filed for enhancement of compensation granted to the

appellant and also for fixing liability on the insurance company which

disowned the policy. We have heard counsel appearing for the

appellant and standing counsel appearing for the third respondent. It is

seen that the appellant who suffered fracture was treated in the Medical

College Hospital, Kottayam. Even though in the police case, details of

the insurance policy are stated, MACT found that there is no proof of

valid insurance policy. However, appellant’s case is that shifting of

office of the insurance company from Ponkunnam to Kanjirappally has

led to the problem. If there is a valid policy then insurance company is

liable to pay compensation, no matter the registered owner and driver

have not filed appeal. Since appellant has further case that other

details, such as medical bills, etc. could not be produced before the

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MACT, we set aside the award of the MACT with direction to MACT

to reconsider the matter after giving opportunity to the appellant to

produce documents, including medical bills, and also to the insurance

company to produce policy and adduce evidence in the matter.

Tribunal will pass fresh award within four months from the date of

production of a copy of this judgment by the appellant.

Appeal is allowed as above.

(C.N.RAMACHANDRAN NAIR)
Judge.

(HARUN-UL-RASHID)
Judge.

kk

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