IN THE HIGH COURT OF KERALA AT ERNAKULAM
MACA.No. 1717 of 2006()
1. THE OREINTAL INSURANCE CO.LTD.,
... Petitioner
Vs
1. RIJU. K.J., S/O. KUNJAPPAN,
... Respondent
2. K.S. VARGHESE, B.NO.1389,
3. SIJO.K.J., S/O. JOSEPH,
For Petitioner :SRI.GEORGE CHERIAN (THIRUVALLA)
For Respondent :SRI.C.A.CHACKO
The Hon'ble MR. Justice M.N.KRISHNAN
Dated :04/06/2008
O R D E R
M.N. KRISHNAN, J.
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M.A.C.A. NO. 1717 OF 2006
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Dated this the 4th day of June, 2008.
J U D G M E N T
This appeal is preferred against the award of the Motor
Accidents Claims Tribunal, Muvattupuzha in O.P.(MV)
1657/01. It is an appeal mainly on the question of liability of
the insurance company to indemnify the owner. It is the
case of the appellant that the claimant in the above case was
a pillion rider and only there was an Act only policy which did
not cover the pillion rider and therefore the insurance
company is not liable to indemnify in view of the decision
reported in Tilak Singh’s case [United India Insurance
Co. Ltd. v. Tilak Singh (2006 (4) SCC 404)].
The learned counsel for the insurance company has
brought to my notice paragraph 5 of the written statement
wherein there is a specific pleading to that effect. But the
Tribunal has not considered this aspect at all and therefore
the matter requires reconsideration at the hands of the Court
below. Therefore the award under challenge is set aside as
M.A.C.A. 1717 OF 2006
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to the extend of its liability on the insurance company and
the Tribunal is directed to consider whether the insurance
company is liable to pay the amount in view of the categoric
averments in paragraph 5 of the written statement. All
parties are permitted to adduce evidence before the Court
and in case of production of documentary evidence, also to
produce the same. Parties are directed to appear before the
Tribunal on 21.7.08.
M.N. KRISHNAN, JUDGE.
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