IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN MONDAY, THE 30TH NOVEMBER 2009 / 9TH AGRAHAYANA 1931 MACA.No. 465 of 2009(C) ---------------------- OP(MV.) 1161/2004 of MOTOR ACCIDENT CLAIMS TRIBUNAL, KOZHIKODE .................... APPELLANT/ PETITIONER:- ------------------------------ ANAGHA, 9 YEARS, D/O.SANTHOSH THAYYIL HOUSE, POKKUNNU, KOZHIKODE THE APPELLANT IS A MINOR AND HENCE IS REPRESENTED BY HER MOTHER JAYASREE. BY ADV. MR. JACOB ABRAHAM MS. KOCHUMOL KODUVATH RESPONDENTS/ RESPONDENTS:- ------------------------------------- 1. K.BINOY, S/O.BALAKRISHNAN, MUNDERI PARAMBA, POTHENCHERRY THAZHAM, POKKUNNU POST, KOZHIKODE. 2. THE NEW INDIA ASSURANCE CO.LTD., SILVER PLAZA BUILDING, I.G.ROAD, KOZHIKODE. ADV. MR. P.G.GANAPPAN FOR R2 MR. K.P.SURESH KUMAR FOR R1 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 30/11/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: M.N. KRISHNAN, J. --------------------------- M.A.C.A.NO.465 OF 2009 ------------------------------ Dated this the 30th day of November, 2009 JUDGMENT This is an appeal preferred against the award of the Claims Tribunal, Kozhikode in OP(MV)No.1161/2004. The claimant, a five year old minor, sustained injuries in a road accident and the Tribunal has awarded him a compensation of Rs.7,000/= and exonerated the insurance company from the liability. The said award is challenged on the basis of inadequacy of the quantum as well as exoneration of the insurance company from the liability. So far as the liability of the insurance company is concerned, it is submitted that it is a package policy with conditions. In the light of the decisions reported in New India Assurance Co. Ltd. v. Hydrose (2008 (3) KLT 778) and in Mathew v. Shaji Mathew (2009 (3) KLT 813), the matter requires consideration. But, unfortunately, conditions of the policy and even the full policy are not produced before the Tribunal. It is submitted that the claimant had sustained injuries in :2: the accident and innumerable number of documents have been produced and there is an application to call for the records to prove the injuries. But they were not considered at all and therefore, grievance is that the Tribunal has not considered the materials for arriving at a proper decision. After hearing both sides, I am convinced that an opportunity can be given. Therefore, the award under challenge is set aside and the matter is remitted back to the Tribunal with a direction to permit both the claimant as well as the respondent to produce documentary and oral evidence in respect of their respective contentions and then dispose of the matter fixing the quantum as well as liability of the insurance company. The parties are directed to appear before the Tribunal on 28.12.2009. Disposed of accordingly. M.N. KRISHNAN, JUDGE cl