IN THE HIGH COURT OF KERALA AT ERNAKULAM
MACA.No. 669 of 2004(P)
1. UNITED INDIA INSURANCE COMPANY LIMITED,
... Petitioner
Vs
1. PENNAMMA,
... Respondent
2. RETNAM MANUVEL, -DO- -DO-.
3. RAJAYYAN DANIEL,
4. SUBHAYA DANIEL,
5. B. ANILA, -DO- -DO-.
6. ANITHA ASOK,
7. DR.M.RADHAKRISHNA PILLAI,
For Petitioner :SRI.MATHEWS JACOB (SR.)
For Respondent : No Appearance
The Hon'ble MR. Justice M.N.KRISHNAN
Dated :09/07/2010
O R D E R
M.N. KRISHNAN, J.
...........................................
M.A.C.A.NO.669 OF 2004
.............................................
Dated this the 9th day of July, 2010.
J U D G M E N T
This is an appeal preferred against the award of the
Claims Tribunal, Trivandrum in OP(MV)No.751/1996. The
claimant sustained injuries in a road accident and he died
during the pendency of the case. Therefore supplemental
petitioners 2 to 7 have been awarded compensation of
Rs.28,750/= and the amount was ordered to be paid by
respondents 1 and 2.
2. Now the insurance company that has come up in
appeal contending that the award is wrong and there was no
involvement of the vehicle. The owner had entered
appearance before the court below and he has been examined
as RW1.
3. The insurance company is only entitled to raise a
ground, that is under Section 149 of the Motor Vehicles Act.
This will not be a ground unless there is a petition filed
under Section 170 of the Motor Vehicles Act to contest the
case. So in the absence of a petition under Section 170
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M.A.C.A.NO.669 OF 2004
before the trial court and on account of the fact that the
owner had entered appearance and adduced evidence, it may
not be proper on the part of this court to permit such
contentions by the insurance company.
Therefore, I decline to entertain the appeal and so the
appeal is dismissed but without costs.
M.N. KRISHNAN, JUDGE.
cl
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M.A.C.A.NO.669 OF 2004