IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN WEDNESDAY, THE 13TH AUGUST 2008 / 22ND SRAVANA 1930 MACA.No. 1580 of 2007(B) --------------------------------- OPMV.456/1999 of MOTOR ACCIDENT CLAIMS TRIBUNAL, KALPETTA, WAYANAD .................... APPELLANT/3RD RESPONDENT : -------------------------------------- THE NEW INDIA ASSURANCE COMPANY LTD., REP. BY THE DEPUTY MANAGER, REGIONAL OFFICE, M.G.ROAD, KOCHI-11. BY ADV. SRI.P.R.RAMACHANDRA MENON RESPONDENTS/PETITIONER & RES. 1 & 2 RESPECTIVELY : ------------------------------------------------------------------------ 1. SAJIKUMAR, AGED ABOUT 30 YEARS, PULIKKAL HOUSE, PADINJARATHARA POST, VYTHIRI TALUK. 2. V.M.JAYACHANDRAN, S/O. MADHAVAN, PARAKKAL HOUSE, PADINJARATHARA POST, WAYANAD DISTRICT. 3. A.USMAN, AYYAR HOUSE, PADINJARATHARA POST, VYTHIRI. BY ADV. SMT.CELINE JOSEPH - R1 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 13/08/2008 ALONG WITH CROSS OBJECTION NO.19 OF 2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: M.A.C.A.NO.1580/2007 ORDER ON I.A.NO.1890/2007 IN M.A.C.A.NO.1580/2007 DISMISSED 13.08.2008 SD/-, M.N.KRISHNAN, JUDGE -TRUE COPY- P.A. TO JUDGE pac M.N. KRISHNAN, J. ------------------------------ M.A.C.A.No. 1580 of 2007 and Cross Objection No. 19 of 2008 ------------------------------ Dated this the 13th day of August, 2008 JUDGMENT This appeal is preferred against the award of Motor Accidents Claims Tribunal, Kalpetta in O.P(M.V.) No. 456/1999 and Cross Objection is also filed against the same award. The appellant is the Insurance Company and the cross objector is the claimant. The Insurance Company has filed this appeal against the finding of the tribunal, whereby the tribunal had fixed the liability on the Company. It is the contention of the Insurance Company that the claimant was a gratuitous passenger in the private vehicle and therefore as the policy being one issued under statute i.e Act Only Policy, it does not cover such a passenger and therefore the court below went wrong in directing the Insurance Company to pay the amount. The claimant has opposed that challenge and has filed Cross Objection as well claiming that the compensation awarded is inadequate. The learned counsel for the claimant submits before me that there is no contention raised by the M.A.C.A.No. 1580/2007 Page numbers Insurance Company, but it is seen from the original written statement filed before the tribunal that the Insurance Company has taken a specific contention that its liability is limited to the terms and conditions of the policy. In order to elaborate it, they have chosen to file an application for amendment of the written statement as well before this court as I.A. No. 1889/2007 . By the said application, they have made it very clear that the vehicle was not having wider coverage for taking passenger in a private jeep. Since there is a basic contention in the written statement regarding its limits of liability, in the interest of justice, I am inclined to direct the tribunal to entertain that application. Since delay may cause difficulty, I think the best method will be to permit the Insurance Company to file the amendment application therein and the tribunal shall allow the same. It is contented by the claimant that the quantum awarded is not proper. Though strictly a Cross Objection is not maintainable in a case of this nature, since the matter has to go back, there is nothing wrong in allowing an opportunity to consider that question as well. Therefore, the appeal as well as the Cross Objection are allowed and the award passed by the M.A.C.A.No. 1580/2007 Page numbers tribunal is set aside and the matter is remanded back to the tribunal for the following; 1. the Insurance Company is permitted to file an amendment application before the court below also and it shall be allowed by the tribunal. 2. the claimant's prayer for re adjudication of the quantum also to be permitted. For this purpose, the claimant as well as the Insurance Company are permitted to produce both oral as well as documentary evidence in support of the respondents' contentions and the matter be disposed of in accordance with law. Parties are directed to appear before the court on 22/09/2008. M. N. KRISHNAN, JUDGE scm