IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.N.RAMACHANDRAN NAIR & THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR WEDNESDAY, THE 13TH FEBRUARY 2008 / 24TH MAGHA 1929 OP.No. 13536 of 2002(J) ----------------------- PETITIONER: ------------ THE NEW INDIA ASSURANCE CO.LTD., OTTAPPALAM,REPRESENTED BY THE ASSISTANT ADMINISTRATIVE OFFICER OF ITS REGIONAL OFFICE ERNAKULAM,KANDOMKULATHY TOWERS,M.G.ROAD,KOCHI-11 BY ADV. SRI.A.R.GEORGE RESPONDENTS: ------------- 1. THE MOTOR ACCIDENT CLAIMS TRIBUNAL, OTTAPPALAM. 2. MUHAMMEDKUTTY S/O.MUHAMMED,KULACHALIL HOUSE,PULAPATTASSERY,CHERUMUNDASSERY, OTTAPPALAM TALUK. 3. T.MUHAMMED ABBAS,S/O.MUHAMMEDKUTTY KULACHALIL HOUSE,PULAPATTASSERY. R2 R3 BY SMT.PREETHY KARUNAKARAN SMT.MEENA.A. SMT.M.R.MINI SRI.JAYKAR.K.S. THIS ORIGINAL PETITION HAVING BEEN FINALLY HEARD ON 13/02/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ORDER ON CMP NO.22687/2002 DISMISSED. 13/2/2008 SD/- C.N. RAMACHANDRAN NAIR, JUDGE. SD/- T.R. RAMACHANDRAN NAIR, JUDGE. APPENDIX EXT.P1-TRUE COPY OF THE FIR IN CRIME NO.5/98 OF OTTAPALAM POLICE STATION EXT.P2-TRUE COPY OF CLAIM PETITOIN IN OP(MV) NO.503/99 FILED BEFORE R1 BY R2 EXT.P3-TRUE COPY OF THE ADDITIONAL WRITTEN STATEMENT FILED IN OP (MV) NO.503/99 OF R1 BY PETITIONER EXT.P4-TRUE COPY OF THE AWARD IN OP(MV) 503/99 DT.31.10.2001 BY R1 // TRUE COPY // P.S. TO JUDGE C.N. Ramachandran Nair & T.R. Ramachandran Nair, JJ. - - - - - - - - - - - - - - - - - - - - - - - - O.P.NO.13536 of 2002-J - - - - -- - - - - - - - - - - - - - - - - - - - - Dated this the 13th day of February, 2008. JUDGMENT C.N. Ramachandran Nair, J. This original petition is filed by the insurance company challenging the award of Rs. 8,000/- towards compensation for the damage sustained to the vehicle, in the course of the accident. The case of the petitioner is that the goods vehicle, at the time of accident, was carrying passengers which is contrary to the permit conditions and therefore the insurance company is not bound to pay any amount under the policy. However, on going through the award, we find that this issue was not raised or decided by the Tribunal. The accident occurred on 6.1.1998 and since the issue was not raised or decided by the Tribunal, the only course open to us is to remand the matter for fresh trial. Having regard to the fact that the amount is only as low as Rs.8,000/- and admittedly the vehicle was covered by a competent insurance policy, we do not find it necessary to remand the matter for a fresh trial at this distance of time. We, therefore, dismiss the original petition. However, we leave open -2- the question of law raised by the petitioner, in appropriate proceedings. (C.N. Ramachandran Nair, Judge.) (T.R. Ramachandran Nair, Judge.) kav/ -3- C.N. Ramachandran Nair & T.R. Ramachandran Nair, JJ. - - - - - - - - - - - - - - - - - - - - - - O.P. No.13536 of 2002-J - - - - - - - - - - - - - - - - - - - - - - JUDGMENT 13th February, 2008.