IN THE HIGH COURT OF KERALA AT ERNAKULAM
MACA.No. 1216 of 2008()
1. UNITED INDIA INSURANCE CO.LTD,
... Petitioner
Vs
1. K.THANKAM,S/O.KUMARAN,ANJUTHAIKKAL
... Respondent
2. K.CHANDRAN,S/O.KUNHIRAMAN,
3. A.P.RAVEENDRAN,S/O.CHATHU ATHIYAR,
For Petitioner :SRI.S.ARUN RAJ
For Respondent : No Appearance
The Hon'ble MR. Justice M.N.KRISHNAN
Dated :26/06/2008
O R D E R
M.N. KRISHNAN, J.
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M.A.C.A. NO. 1216 OF 2008
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Dated this the 26th 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, Ernakulam in O.P.(MV)2034/97.
Since the matter requires reconsideration at the hands of the
Tribunal I do not want to issue notice to others and it shall be
done by the Tribunal when it reconsiders the whole matter.
The question is with respect to the entitlement for claiming
damages of the goods carried in a vehicle. The learned
counsel for the insurance company had produced before me
the package policy and specifically refers to S.II(d) which is as
follows;
“The Company shall not be liable in
respect of damage to property belonging to or
held in trust by or in the custody of the insured
or a member of the insured’s household or
being conveyed by the insured vehicle.”
M.A.C.A. 1216 OF 2008
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2. So the learned counsel would contend the goods
being conveyed by the insured’s vehicle is not covered by the
policy and therefore there is no entitlement to claim
compensation. The Tribunal in some of the paragraphs found
that the insurance company is liable but in the operative
portion it is absolutely silent and it directs the first and 2nd
respondent alone to deposit the amount within a period of
one month from the date. So one is not able to understand
whether the Tribunal has fixed the liability on the insurance
company or not. This is a matter which the Tribunal has to
consider. Therefore, this being the situation, I feel that there
is no necessity to invite all to this Court for the reason that
at any rate the matter requires consideration at the hands of
the Tribunal. Therefore the award under challenge is set
aside and the matter is remitted back to the Tribunal with a
specific direction to reconsider the question of liability of the
insurance company as contended by it. I also make it clear
at the expense of the insurance company the Tribunal shall
take out notice to the other parties and dispose of the matter
M.A.C.A. 1216 OF 2008
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in accordance with law. It shall also consider whether in such
cases under Section 165 such claims are entertainable by a
Motor Accidents Claims Tribunal.
M.N. KRISHNAN, JUDGE.
ul/-