IN THE HIGH COURT OF KERALA AT ERNAKULAM
MFA.No. 206 of 2003(D)
1. UNITED INDIA INSURANCE CO.LTD.,
... Petitioner
Vs
1. THOMAS. A., S/O. EPEN ANTHROYOSE,
... Respondent
2. ABRAHAM V. MATHEW, VARIKKOLI PUTHEN
3. MOHAN PILLAI, S/O. NANAPPAN PILLAI,
4. NATIONAL INSURANCE COMPANY LTD.,
For Petitioner :SRI.MATHEWS JACOB (SR.)
For Respondent :SRI.V.PHILIP MATHEW
The Hon'ble MR. Justice M.N.KRISHNAN
Dated :07/08/2008
O R D E R
M.N.KRISHNAN, J.
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M.F.A. No. 206 OF 2003
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Dated this the 7th day of August, 2008
JUDGMENT
This appeal is preferred against the award passed by the
Motor Accident Claims Tribunal, Ernakulam, in OP(MV) 1268/94.
Subsequently, by letter dated 3.4.04, the Motor Accident Claims
Tribunal had informed this court that the appeal MFA 206/03 has
arisen out of the award passed by the Motor Accident Claims
Tribunal in OP(MV) 1268/95. The claimant has impleaded 3rd
respondent in the claim petition, namely United India Insurance Co.
Ltd., Pathanamthitta, as the insurer of the vehicle. But, subsequently
it has impleaded National Insurance Co. Ltd., Pathanamthitta, as
well as United India Insurance Co. Ltd., Kochi, also as parties.
Therefore the claimant has succeeded in confusing to the maximum
regarding the policy of the vehicle. An unauthorised copy was
produced as if there was a policy with the United India Insurance Co.
Ltd. and the Tribunal did not accept it. But ultimately the Tribunal
directed that third respondent to pay the amount. It has to be
remembered that national Insurance Company, who is R4, has
MFA No.206/03 2
admitted the policy in its cost. So there is lot of confusion now. It
has to be found whether the vehicle is insured with the United India
Insurance Co. Ltd. or National Insurance Co. Ltd. After entering into
a finding, the liability may be cast on the company which had issued
the policy. For this purpose the matter has to go back.
Therefore the award under challenge is set aside to the
limited extent of fining which is the Insurance Company that had
issued the policy of the offended vehicle. For that purpose both the
Insurance Companies as well as the claimant are permitted to
produce documentary as well as oral evidence in support of the
same and the Tribunal shall dispose of the matter in accordance with
law within a period of three months from the date of receipt of a copy
of this judgment.
Parties are directed to appear before the Tribunal on
17.9.08.
M.N.KRISHNAN, JUDGE
vps
MFA No.206/03 3