IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN WEDNESDAY, THE 17TH SEPTEMBER 2008 / 26TH BHADRA 1930 MACA.No. 1180 of 2008(C) ----------------------- OPMV.366/2005 of MOTOR ACCIDENT CLAIMS TRIBUNAL, PALA .................... APPELLANT/3RD RESPONDENT: --------------------------------------------- NATIONAL INSURANCE COMPANY LTD, REP.BY ITS MANAGER,KOCHI REGIONAL OFFICE, T.P.CELL,M.G.ROAD,ERNAKULAM BY ADV. SRI.P.R.RAMACHANDRA MENON RESPONDENTS/PETITIONER AND RESPONDENTS 1 & 2 RESPECTIVELY: ------------------------------------------------------------------------------------------------------ 1. ANISH,S/O.RAJU,MUTHIRAPAYIL HOUSE, THUDANGANADU KARA,MUTTAM VILLAGE. 2. ANIL @ ANI,S/O.KESAVAN, POOVELIKUNNEL HOUSE,NEELOOR KARA,KADANADU VILLAGE. 3. SREEJITH,S/O.RAGHAVAN NAIR, PALICKAPARAYIL HOUSE,MATTATHIPARA P.O,NEELOOR. THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 17/09/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: M.A.C.A.No. 1180/2008 ORDER IN I.A. NO. 1387/2008 IN M.A.C.A.NO. 1180/2008 DISMISSED SD/- M.N. KRISHNAN, JUDGE 17/09/2008 /TRUE COPY/ P.A. TO JUDGE. vkm M.N. KRISHNAN, J. ------------------------------ M.A.C.A. No.1180 of 2008 ------------------------------ Dated this the 17th day of September, 2008 JUDGMENT This appeal is preferred against the award of the Motor Accident Claims Tribunal, Pala in O.P.(MV) No. 366 of 2005. The Tribunal awarded a compensation of Rs.63,340/- and directed the Insurance Company to deposit the amount. The Insurance Company has challenged the same in appeal. A perusal of Para 8 of the award would show that the Tribunal did not have the opportunity to see conditions and terms of the Policy, as it was not produced. The Tribunal took adverse inference and held against the insurer. The Tribunal relied upon the conditions of other policies and granted an award. It may not be correct, because each policy has to be considered on the basis of payment of premium in that policy as well as the conditions regarding that policy. Therefore, the award under challenge is set aside. So far as it relates to the liability of Insurance Company, the matter is remitted back to the Tribunal for fresh consideration with a direction to the Insurance Company to produce the policy copy as well as conditions of M.A.C.A. No.1180/ 2008 2 the policy and then to decide the matter in accordance with law. Insurance Company shall take out notice to the claimant as well as the owner and the driver of the vehicle and also on appearance be permitted to produce oral as well as documentary evidence in support of the contentions made by the Insurance Company. Parties are directed to appear before the Tribunal on 3/11/2008. M.N. KRISHNAN, JUDGE scm