IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN WEDNESDAY, THE 2ND DECEMBER 2009 / 11TH AGRAHAYANA 1931 MACA.No. 1382 of 2009(G) ----------------------- OPMV.1504/2005 of MOTOR ACCIDENT CLAIMS TRIBUNAL, PATHANAMTHITTA .................... APPELLANT(S): ADDL.3RD RESPONDENT ------------------------------------------- THE NATIONAL INSURANCE CO. LTD., REP. BY ITS MANAGER, REGIONAL OFFICE, OMANA BUILDING, PADMA JUNCTION, KOCHI-35. BY ADV. SMT.RAJI T.BHASKAR RESPONDENT(S): PETITIONERS 1 TO 4 & RESPONDENTS 1 & 2: ------------------------------------------------------------------------- 1. SUDHA, AGED 27, PLAMOOTTIL MELATHIL VEEDU, KADAMBANAD NORTH MURI, KADAMBANAD VILLAGE. 2. SUDHEESH @ AMBILI, AGED 8, D/B.13.12.1997, S/O.LATE PUSHPAKUMAR, DO. DO. 3. SOUMYA @ AMBILI, AGED 7, D/B.1.10.1998, D/O.LATE PUSHPAKUMAR, DO. DO. 4. PODIYAN ACHARI, AGED 58, F/O.LATE PUSHPAKUMAR, DO. DO. 5. G.RATHEESH, RATHEESH BHAVAN, KADAMBANAD NORTH P.O., KADAMBANAD VILLAGE. 6. MANAGER, POPULAR VEHICLES & SERVICES LTD KARAMANA P.O., THIRUVANANTHAPURAM. ADV. SMT.R.DYANA FOR R1-4 SRI.PHILIP M.VARUGHESE FOR R5 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 02/12/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: M.N. KRISHNAN, J. = = = = = = = = = = = = = = M.A.C.A. NO. 1382 OF 2009 = = = = = = = = = = = = = = = Dated this the 2nd day of December, 2009. J U D G M E N T This appeal is preferred against the preliminary award passed in O.P.(MV)1504/05. The petitioners herein are legal representatives of one Pushpakumar, aged 32 years who died in a motor accident. They prayed for an interim award and that has been granted. The insurance company had raised two fold contentions. One is on the basis of the cancellation of the policy and the other on the basis of non coverage, even though it is a package policy. The Tribunal found even if the policy is cancelled it will not militate against the third party's claim and further held that the package policy takes in passengers in a private vehicle as well and therefore the insurance company cannot get exonerated from the liability. Prima facie the said findings cannot be interfered at this stage without evidence. 2. Now at the preliminary stage I do not want to interfere with this award and all the questions are left open M.A.C.A. 1382 OF 2009 -:2:- to be decided when the matter is finally decided in accordance with law. If in any event it is found that the insurance company is not liable then it is for the Court which passes the final award to make necessary orders to reimburse the amount to the insurance company, at least from the owner. With these observations this appeal is dismissed. M.N. KRISHNAN, JUDGE. ul/-