High Court Kerala High Court

The National Insurance Company … vs Raveendran Nair on 29 January, 2009

Kerala High Court
The National Insurance Company … vs Raveendran Nair on 29 January, 2009
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

MACA.No. 134 of 2008()


1. THE NATIONAL INSURANCE COMPANY LTD.,
                      ...  Petitioner

                        Vs



1. RAVEENDRAN NAIR, AGED 38 YEARS,
                       ...       Respondent

2. INDU LEKHA, W/O. RAVEENDRAN NAIR -DO-

3. M.N. SAHADEVAN NAIR,

                For Petitioner  :SRI.RAJAN P.KALIYATH

                For Respondent  : No Appearance

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

 Dated :29/01/2009

 O R D E R
                        M.N. KRISHNAN, J.
               = = = = = = = = = = = = = =
                 M.A.C.A. NO. 134 OF 2008
            = = = = = = = = = = = = = = =
        Dated this the 29th day of January, 2009

                       J U D G M E N T

This appeal is preferred against the preliminary award

of the Motor Accidents Claims Tribunal, Pathanamthitta in

O.P.(MV)1597/02. The Tribunal has awarded a compensation

of Rs.25,000/- under Section 140 of the M.V.Act and it is

also stated therein that the petition was not opposed by the

respondent. It is disputed by the counsel for the insurance

company. Whatever it may be I am not inclined to interfere

with the award at this stage. But I make it very clear that

the insurance company is entitled to take up all the contentions

which it wants to raise including the non-involvement of the

vehicle which is insured with the company and the matter is

to be decided independently irrespective of preliminary

judgment. The question of non-involvement of the vehicle

etc. also may be considered as an issue and the matter be

disposed of in accordance with law.

The MACA is disposed of accordingly.

M.N. KRISHNAN, JUDGE.

ul/-