IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN WEDNESDAY, THE 15TH SEPTEMBER 2010 / 24TH BHADRA 1932 MACA.No. 1190 of 2010(C) -------------------------------- (OP(MV).414/2007 of MOTOR ACCIDENT CLAIMS TRIBUNAL, KOZHIKODE) .................... APPELLANT(S): 2ND RESPONDENT ---------------------------------------- THE ORIENTAL INSURANCE CO.LTD,KOZHIKODE, REPRESENTED BY THE AUTHORISED SIGNATORY,THE ORIENTAL INSURANCE CO.LTD,REGIONAL OFFICE, ERNAKULAM NORTH,KOCHI-18. BY ADV. SRI.A.R.GEORGE RESPONDENT(S): CLAIMANT & IST RESPONDENT -------------------------------------------------------- 1. BINDU,W/O.UNMESHAN,OTTUKALATHIL HOUSE, P.O.KADALUNDI,KOZHIKODE. 2. RIYAS NEELIKANDI,S/O.MOIDEEN HAJI, NEELIKANDI PLANTATION,KALPETTA,WYNAD. THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 15/09/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: SVS/ M.N. KRISHNAN, J. ........................................... M.A.C.A.NO.1190 OF 2010 ............................................. Dated this the 15th day of September, 2010. J U D G M E N T This is an appeal preferred against the award of the Claims Tribunal, Kozhikode in OP(MV)No.414/2007. The Tribunal has awarded a compensation of Rs.24,750/= and directed the insurance company to pay the amount. Dissatisfied with the same, the insurance company has come up in appeal. 2. I find that the approach made by the Tribunal is without going through the written statement filed in the case. A copy of the written statement made available before me would show that the insurance company has raised a specific contention that “the jeep bearing Reg.No.KL12/2710 was insured with the respondent under act policy as a private jeep and no extra premium was paid”. A mention is also made about the dictum laid down in United India Insurance Co. Ltd. v. Tilak Singh [(2006 (2) KLT 884 (SC)] so as to contend for the position that status of such persons will be that of gratuitous passengers not covered by the : 2 : M.A.C.A.NO.1190 OF 2010 policy. Unfortunately neither the Tribunal nor the insurance company did properly look into the matter. So the mater requires consideration regarding coverage of the vehicle and the passengers therein. 3. Therefore the award under challenge is set aside and the matter is remitted back to the Tribunal permitting all concerned to produce both documentary as well as oral evidence in support of their respective contentions to raise appropriate issue and answer the claim petition. Since the other parties have not entered appearance, the insurance company is directed to take out notice to the other parties after it enters appearance before the Tribunal. Parties are directed to appear before the Tribunal on 29.10.2010. Disposed of accordingly. M.N. KRISHNAN, JUDGE. cl : 3 : M.A.C.A.NO.1190 OF 2010 M.N. KRISHNAN, J. ........................................... A.S.NO.411 OF 1996 ............................................. 3rd day of September, 2010. J U D G M E N T