IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN THURSDAY, THE 31ST JULY 2008 / 9TH SRAVANA 1930 MACA.No. 1328 of 2006(C) -------------------------------- OPMV.77/2006 of MOTOR ACCIDENT CLAIMS TRIBUNAL, PATHANAMTHITTA .................... APPELLANT/2ND RESPONDENT --------------------------------------- NATIONAL INSURANCE CO LTD., PALAKKADU, REPRESENTED BY ITS DEPUTY MANAGER, REGIONAL OFFICE, M.G.ROAD, ERNAKULAM. BY ADV. SRI.GEORGE CHERIAN (THIRUVALLA) RESPONDENTS: CLAIMANT ------------------------------ 1. RAHDAMANY, KALEELAZHIKATHU VEEDU, MANNADY P.O., ADOOR, PATHANAMTHAITTA DISTRICT. 2. THULASEEDHARAN, VRINDHAVAN, KERALASSERY P.O., PALAKKADU. BY ADV. SRI.SEBASTIAN PHILIP FOR R1 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 31/07/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: M.N. KRISHNAN, J. = = = = = = = = = = = = = = M.A.C.A. NO. 1328 OF 2006 = = = = = = = = = = = = = = = Dated this the 31st day of July, 2008. J U D G M E N T This appeal is preferred against the preliminary award passed under Section 140 the M.V. Act. The contention of the insurance company is that the claimant is a gratuitous passenger in a private car, not covered by the Act only policy and therefore it is not bound to indemnify the owner. It is a question which can be raised by the insurance company at any stage of the proceedings. Therefore that matter requires reconsideration. Therefore the award under challenge is set aside and the Tribunal is directed to consider the O.P.(MV) itself as expeditiously as possible at any rate within a period of two months from the date of receipt of a copy of this judgment. All contentions of the parties can be looked into and the matter be disposed of. M.N. KRISHNAN, JUDGE. ul/-