IN THE HIGH COURT OF KERALA AT ERNAKULAM
MACA.No. 1300 of 2008()
1. UNITED INDIA INSURANCE COMPANY LTD,
... Petitioner
Vs
1. ANTO, S/O.VARGHESE, PALLISSERY HOUSE,
... Respondent
2. JOSE P.V, PALLISSERY HOUSE,
3. P.J.PAUL, S/O.P.V.JOSEPH, PYNADATH HOUSE
For Petitioner :SRI.P.R.RAMACHANDRA MENON
For Respondent :SRI.SHEJI P.ABRAHAM
The Hon'ble MR. Justice M.N.KRISHNAN
Dated :04/11/2008
O R D E R
M.N.KRISHNAN, J.
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M.A.C.A No. 1300 OF 2008
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Dated this the 4thday of November, 2008
JUDGMENT
This appeal is preferred against the award passed by the Motor
Accident Claims Tribunal, Thrissur, in OP(MV) 1177/02. The claimant, a
pillion rider, sustained injuries in a road accident and the Tribunal awarded
him a total compensation of Rs.65,328/- and directed the Insurance
Company to pay the amount.
2. Learned counsel for the Insurance Company would contend
before me that the Company has filed an additional written statement which
was received on 13.6.06 wherein there is a specific contention that the
policy is an Act only policy and no additional premium is received to cover
the risk of a pillion rider and therefore the company is not liable to
indemnify the owner. Unfortunately, the said contention has not been
noticed at all by the Tribunal. Therefore the matter requires interference.
The award under challenge is set aside so far as it relates to the
question of liability of the Insurance Company is concerned. Parties are
permitted to produce documentary as well as oral evidence in support of
their respective contentions. In any event, if no such additional written
statement is filed, then the Tribunal is at liberty to confirm the earlier order.
Parties are directed to appear before the Tribunal on 18.12.08.
M.N.KRISHNAN, JUDGE
vps
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