IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN MONDAY, THE 9TH JUNE 2008 / 19TH JYAISHTA 1930 MACA.No. 2260 of 2007() ---------------------------------- OPMV.82/2003 of MOTOR ACCIDENT CLAIMS TRIBUNAL, OTTAPALAM .................... APPELLANT/ 2 AND 5 RESPONDENT OP(MV) ---------------------- THE NEW INDIA ASSURANCE CO. LTD., BRANCH OFFICE, OTTAPPALAM, REPRESENTED BY ITS MANAGER. BY ADV. SRI.KKM.SHERIF SRI.A.A.ZIYAD RAHMAN RESPONDENTS: PETITIONER/RESPONDENTS 1,3 AND 4 ------------------------- 1. P.V.SUNILKUMAR, S/O BALASUBRAMANIAN, PALLATH HOUSE, R.S.ROAD, OTTAPPALAM P.O. 2. K.ARAVINDAKSHAN, S/O SANKARAN NAIR, KUTTIKODE VEEDU, VAKKETHARA, PAZHAYANNUR. (OWNER CUM DRIVER OF MOTOR CYCLE NO.KL-98-1598) 3. ABDUL LATHEEF, S/O KOYUNNI MUSALIAR, KOTTIPARAKKAL HOUSE, DESAMANGALAM P.O., THRISSUR (OWNER OF THE MOTOR CYCLE RE. NO.KL-8 P/8259) 4. ANIL BOSE, S/O KRISHNAN, KALLUVILA HOUSE, R.S.ROAD, OTTAPPALAM(DRIVER OF MOTOR CYVLE BEARING REG. NO. KL-8 P/8259) BY ADV. SRI.K.B.ARUNKUMAR - R1 DR.GEORGE ABRAHAM - R2 SRI.T.SREEKANTAN - R2 SRI.G.SREEKUMAR (CHELUR) - R4 SRI.K.RAVI (PARIYARATH) - R4 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 09/06/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: M.N. KRISHNAN, J. --------------------------------------- M.A.C.A.No.2260 OF 2007 --------------------------------------- Dated this the 9th day of June, 2008. J U D G M E N T This is an appeal preferred against the order of the Motor Accident Claims Tribunal, Ottappalam whereby the Tribunal rejected the application for review by quoting some of the clauses in the agreement. 2. Learned counsel for the Insurance Company would contend that the application of the clauses depends upon the premium collected and it is the factor that will have to decide the issue. Unfortunately, the Tribunal has not considered the matter in that perspective. Therefore, it is necessary to set aside the order passed by the Tribunal and direct it to consider the whole matter afresh, after hearing all concerned and permitting all of them to raise their contentions and even in case of necessity of documents, permit them to produce it and dispose it of in accordance with law. Parties are directed to appear before the Tribunal on 22.07.2008. M.N. KRISHNAN, JUDGE. smp