IN THE HIGH COURT OF KERALA AT ERNAKULAM
MACA.No. 199 of 2005()
1. THE ORIENTAL INSURANCE CO.LTD.,
... Petitioner
Vs
1. G.L.GOHIL,C/O. VEERENDRA TRANSPORT
... Respondent
2. K.K.SAJU,S/O. KOCHAPPAN,
For Petitioner :SRI.GEORGE CHERIAN (THIRUVALLA)
For Respondent : No Appearance
The Hon'ble MR. Justice M.N.KRISHNAN
Dated :14/10/2008
O R D E R
M.N. KRISHNAN, J.
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M.A.C.A. NO. 199 OF 2005
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Dated this the 14th day of October, 2008.
J U D G M E N T
This appeal is preferred against the award of the Motor
Accidents Claims Tribunal, Irinjalakuda in O.P.(MV)710/96.
The claimant, a pillion rider in a two wheeler, sustained
injuries in a road accident. He has been awarded a
compensation of Rs.28,687/- with 6% interest. Against that
the insurance company has come in appeal.
2. The insurance company has raised two contentions,
namely, that the driver did not have a valid driving licence
and secondly being a pillion rider the claimant is not covered
by the policy. Unfortunately, both the contentions are not
considered by the Tribunal at all and therefore the matter
requires interference. Therefore the award under challenge
is set aside and the matter is remitted back to the Tribunal
for fresh consideration regarding the validity of the driving
M.A.C.A. 199 OF 2005
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licence as well as the question of coverage of a pillion rider in
a two wheeler. Parties are directed to appear before the
Tribunal on 25.11.08.
The MACA is disposed of accordingly.
M.N. KRISHNAN, JUDGE.
ul/-