IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN FRIDAY, THE 19TH DECEMBER 2008 / 28TH AGRAHAYANA 1930 MACA.No. 2276 of 2008(D) --------------------------------- OPMV.413/2007 of MOTOR ACCIDENT CLAIMS TRIBUNAL, THODUPUZHA APPELLANT(S): 2ND RESPONDENT ---------------------------------------- THE ORIENTAL INSURANCE CO.LTD, KOTHAMANGALAM, REPRESENTED BY ITS ASSISTANT MANAGER, REGIONAL OFFICE, ERNAKULAM NORTH, KOCHI-18. BY ADV. SRI.GEORGE CHERIAN (THIRUVALLA) RESPONDENT(S): CLAIMANTS ------------------------------------ 1. SAMIYAR, S/O.RAMASWAMY, RESIDING AT CHINNAR ESTATE LANE, CHINNAR.P.O, ELAPPARA, PEERUMEDU. 2. THULASI, W/O.SAMIYAR,RESIDING AT CHINNAR ESTATE LANE, CHINNAR.P.O, ELAPPARA, PEERUMEDU. 3. M.RAJU, HOUSE NO.224/B,HEIBERIYA.P.O, VALLAKKADAVU. ADV. SRI.C.S.MANU FOR R3 ADV. S.K. PREMRAJ THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 19/12/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: M.N. KRISHNAN, J. = = = = = = = = = = = = = = M.A.C.A. NO. 2276 OF 2008 = = = = = = = = = = = = = = = Dated this the 19th day of December, 2008. J U D G M E N T This appeal is preferred against the order of the Motor Accidents Claims Tribunal, Thodupuzha in I.A.1444/07 in O.P.(MV)413/07. It was an application filed by the parents of a minor girl who died in an accident on 7.10.01 on account of overturning of a jeep. The learned counsel for the insurance company would contend it is to be ascertained whether it is a private jeep and whether the passengers were covered under the policy and therefore request that an opportunity be given to the Company to establish its contention. 2. Heard the counsel for the claimant as well. I feel in a case of this nature it is always desirable to dispose of the case itself and therefore I set aside the order passed by the Tribunal and direct the Tribunal to consider the M.V. (O.P.) itself within period of two months from the date of receipt of a copy of this judgment. M.A.C.A. 2276 OF 2008 -:2:- 3. The Registry is directed to send a copy of this judgment to the Tribunal for compliance. The MACA is disposed of accordingly. M.N. KRISHNAN, JUDGE. ul/-