IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN FRIDAY, THE 23RD MAY 2008 / 2ND JYAISHTA 1930 MACA.No. 225 of 2008() ---------------------- AGAINST THE ORDER DATED 19/04/2007 IN IA.1298/2005 IN OPMV.387/2005 of MOTOR ACCIDENT CLAIMS TRIBUNAL, PATHANAMTHITTA .................... APPELLANT/3RD RESPONDENT IN O.P.(MV): ------------------------------------------------------------------ THE NEW INDIA ASSURANCE CO.LTD. CHANGAYIL BUILDING, PATHANAMTHITTA, REPRESENTED BY ITS MANAGER. BY ADV. SRI.K.K.M.SHERIF SRI.A.A.ZIYAD RAHMAN RESPONDENTS: PETITIONERS & RESPONDENTS: --------------------------------------------------------------------------- 1. MATHEW GEORGE @ SHAJI, CHERUVIL HOUSE, PAMPUMALA, MURIPPARA, CHENNEERKARA, PATHANAMTHITTA. 2. MATHEW @ THAMPI, S/O.YESUDASAN, AMBILIVILASAM, RAMANCHIRA MURI, THUMPAMON, MEZHUVELI, PATHANAMTHITTA. 3. K.A. BABUJI, KALLOORETHU HOUSE, OMALLOOR, PATHANAMTHITTA. BY ADV. SRI.T.K.KOSHY - R1 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 23/05/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ..2/- ORDER ON I.A.NO.308/2008 IN M.A.C.A.NO.225/2008 DISMISSED 23/05/2008 SD/- M.N.KRISHNAN, JUDGE /TRUE COPY/ P.A.TO JUDGE M.N. KRISHNAN, J. = = = = = = = = = = = = = = M.A.C.A. NO. 225 OF 2008 = = = = = = = = = = = = = = = Dated this the 23rd day of May, 2008. J U D G M E N T This appeal is preferred against the preliminary award passed by the Motor Accidents Claims Tribunal, Pathanamthitta in O.P.(MV)387/05. The Court below has granted Rs.25,000/- as preliminary award amount and it is noted that the petition is not opposed by the respondents. The respondents would contend they have not conceded and really the injured was a gratuitous passenger in a vehicle and the insurance company is not liable to indemnify the owner in such cases. I feel the proper remedy for the insurance company is to file an application for review of the order and therefore I dispose of the appeal with a direction to the insurance company to file a review application and with a further direction to the Motor Accidents Claims Tribunal to consider it on merits and dispose it of in accordance with law. M.N. KRISHNAN, JUDGE. ul/-