IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN THURSDAY, THE 24TH SEPTEMBER 2009 / 2ND ASWINA 1931 MACA.No. 1437 of 2009(A) ----------------------- OPMV.383/2005 of MOTOR ACCIDENTS CLAIMS TRIBUNAL, MAVELIKKARA .................... APPELLANT(S): 3RD RESPONDENT --------------------------------------- UNITED INDIA INSURANCE CO. LTD., KAYAMKULAM. BY ADV. SRI.P.V.JYOTHI PRASAD RESPONDENT(S): PETITIONERS & RESPONDENTS 1 & 2 ---------------------------------------------- 1. BINDHU, SREERAGAM, MUTHUKATTUKARA, NOORANADU P.O. 2. DEVADATHAN (MINOR), -DO- 3. SARADAKUTTY AMMA, -DO- 4. KARUNAKARAN PILLAI, (MINOR, 2ND RESPONDENT REP.BY 1ST RESPONDENT). 5. PURUSHOTHAMAN PILLAI @ PURUSHAN PILLAI, PARATHALI VEEDU (JYOTHIS), MUTHUKATTUKARA, PALAMEL. 6. K.KARUNAKARAN PILLAI, SREERANGAM, MUTHUKATTUKARA, NOORANADU P.O. ADV. SRI.GEORGE VARGHESE(PERUMPALLIKUTTIYIL) FOR R1,2 SRI.A.R.DILEEP FOR R1,2 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 24/09/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: M.N. KRISHNAN, J. = = = = = = = = = = = = = = M.A.C.A. NO. 1437 OF 2009 = = = = = = = = = = = = = = = Dated this the 24th day of September, 2009. J U D G M E N T This appeal is preferred against the preliminary award passed under S.140 of the M.V.Act claiming interim compensation of Rs.50,000/- for the death of the person involved in the accident. The insurance company had raised a contention that the policy does not cover the risk of the person who died in the accident for the reason that it is only an Act only policy. Whether an Act only policy covers the risk of that person or not is a matter which has to be decided by the Tribunal before passing a preliminary award and affixing the liability on the insurance company. S.140 of the M.V.Act dispenses an enquiry only on the question of negligence but not on other things. Therefore if the policy does not cover the risk of other person the Court cannot jump to the conclusion to direct the insurance company to pay the amount and therefore the preliminary award under challenge is set aside and the matter is remitted back to the M.A.C.A. 1437 OF 2009 -:2:- Tribunal with a direction to consider the question whether as per the terms of the policy the person who died in the accident is covered by the policy and pass a revised award. Being a death case and as the petition is filed u/s 140 of the M.V.Act let the matter be disposed of as expeditiously as possible at any rate within one month from today. The amount which is lying in the Court deposit shall remain there till a final decision is taken in the matter and if the Court finds that the insurance company is not liable then let that amount be reimbursed to the insurance company. Registry is directed to send a copy of the judgment to the concerned Motor Accidents Claims Tribunal. M.N. KRISHNAN, JUDGE. ul/-