IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN TUESDAY, THE 7TH SEPTEMBER 2010 / 16TH BHADRA 1932 MACA.No. 246 of 2010(E) ---------------------------- OPMV.2398/2003 of MOTOR ACCIDENT CLAIMS TRIBUNAL, PERUMBAVOOR .................... APPELLANT(S): /3RD RESPONDENT IN OPMV -------------------------------------------------------- DISTRICT INSURANCE OFFICER, C.JACOB & SONS BUILDING, ALAPPATT ROAD, RAVIPURAM, ERNAKULAM, KOCHI-682 016. BY GOVERNMENT PLEADER SRI. SURESH BABU. RESPONDENT(S): PETITIONER 1 AND 2 IN OPMV ------------------------------------------------------------ 1. T.K.GIREESAN, S/O. KUMARAN, PAPPALI HOUSE, PONNURUNNI, VYTTILA P.O., ERNAKULAM-682 019. 2. BASANTH P., S/O. O.DIVAKARAN NAIR, PARATHESSERY HOUSE, KADUKUTTY P.O., THRISSUR DISTRICT. 3. DIRECTOR GENERAL OF POLICE, POLICE HEADQUARTERS, THIRUVANANTHAPURAM. ADV. SRI.K.R.MOHANAN SRI.ANUP T PAUL SRI.K.M.SANAL SRI.M.SHAJU PURUSHOTHAMAN FOR R2 SRI.K.S.RAJESH FOR R2 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 07/09/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: M.N. KRISHNAN, J. = = = = = = = = = = = = = = M.A.C.A. NO. 246 OF 2010 = = = = = = = = = = = = = = = Dated this the 7th day of September, 2010. J U D G M E N T This appeal is preferred against the award of the Motor Accidents Claims Tribunal, Perumbavoor in O.P.(MV)2398/03. The claimant, a passenger in a Maruthi Omni van, sustained injuries in a road accident and the Tribunal awarded him a compensation of Rs.72,630/- and making the State Insurance Department liable. It is against that decision the Insurance Department has come up in appeal. 2. Heard the counsel for both the sides. Along with the memorandum of appeal an application is filed for amending the written statement and raised a contention that it was a Government vehicle which was covered by only an Act only policy and therefore it does not cover the risk of a passenger in the vehicle. It is an area where there are legal rulings to that effect and therefore I am inclined to grant an opportunity but I make it clear that the appellant can move an application for amendment before the trial Court and it M.A.C.A. 246 OF 2010 -:2:- can be considered after giving notice to all the parties. Therefore the award under challenge is set aside and the matter is remitted back to the Tribunal with a direction to permit the appellant herein to move an application for amendment of the written statement and thereafter the Court can dispose it of after hearing all concerned and then proceed in accordance with law for the disposal of the matter. Parties are directed to appear before the Tribunal on 18.10.10. Needless to say if the other parties are not entering appearance notice has to be taken by the appellant to serve them. Sd/- M.N. KRISHNAN, JUDGE. ul/- [true copy] P.A. To Judge.