IN THE HIGH COURT OF KERALA AT ERNAKULAM
MACA.No. 465 of 2009()
1. SNAGHA, 9 YEARS, D/O.SANTHOSH
... Petitioner
Vs
1. K.BINOY, S/O.BALAKRISHNAN, MUNDERI
... Respondent
2. NEW INDIA ASSURANCE CO.LTD.,
For Petitioner :SRI.JACOB ABRAHAM
For Respondent :SRI.P.G.GANAPPAN
The Hon'ble MR. Justice M.N.KRISHNAN
Dated :30/11/2009
O R D E R
M.N. KRISHNAN, J.
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M.A.C.A.NO.465 OF 2009
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Dated this the 30th day of November, 2009
JUDGMENT
This is an appeal preferred against the award of the
Claims Tribunal, Kozhikode in OP(MV)No.1161/2004. The
claimant, a five year old minor, sustained injuries in a road
accident and the Tribunal has awarded him a compensation of
Rs.7,000/= and exonerated the insurance company from the
liability. The said award is challenged on the basis of
inadequacy of the quantum as well as exoneration of the
insurance company from the liability. So far as the liability of
the insurance company is concerned, it is submitted that it is a
package policy with conditions. In the light of the decisions
reported in New India Assurance Co. Ltd. v. Hydrose (2008
(3) KLT 778) and in Mathew v. Shaji Mathew (2009 (3) KLT
813), the matter requires consideration. But, unfortunately,
conditions of the policy and even the full policy are not
produced before the Tribunal.
It is submitted that the claimant had sustained injuries in
:2:
the accident and innumerable number of documents have been
produced and there is an application to call for the records
to prove the injuries. But they were not considered at all and
therefore, grievance is that the Tribunal has not considered
the materials for arriving at a proper decision.
After hearing both sides, I am convinced that an
opportunity can be given. Therefore, the award under
challenge is set aside and the matter is remitted back to the
Tribunal with a direction to permit both the claimant as well
as the respondent to produce documentary and oral evidence
in respect of their respective contentions and then dispose of
the matter fixing the quantum as well as liability of the
insurance company. The parties are directed to appear before
the Tribunal on 28.12.2009.
Disposed of accordingly.
M.N. KRISHNAN, JUDGE
cl