IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE A.K.BASHEER & THE HONOURABLE MR. JUSTICE P.Q.BARKATH ALI MONDAY, THE 14TH JUNE 2010 / 24TH JYAISTHA 1932 MACA.No. 2898 of 2008() ----------------------- OP(MV) 388/2004 of MACT, THALASSERY. APPELLANT(S): PETITIIONER ------------------------- PREMALATHA, D/O. BALAN, AGED 39 YEARS, PRIYA NIVAS, VAZHAKKAL, P.O. THILLENKERRY, KANNUR DISTRICT. BY ADV. SMT.K.K.CHANDRALEKHA RESPONDENT(S): RESPONDENTS ------------------------- 1. V.J. THOMAS, AGED 39 YEARS, S/O. JOSEPH, VEETTUVELIKKUNNEL HOUSE, ERUVASSY AMSOM, CHEMBERY DESOM.P.O, CHEMBERY, KANNUR DISTRICT. 2. SEBASTIAN, MANNARAMBIL HOUSE, KAYILAMPARA, P.O. CHEMBERY, KANNUR DISTRICT. 3. DIVISONAL MANAGER, NATIONAL INSURANCE CO. LTD., DIVISIONAL OFFICE, P.B. NO. 40, BANK ROAD, KANNUR -1. ADV. SRI.M.A.GEORGE FOR R3 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 14/06/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: A.K. BASHEER & P.Q. BARKATH ALI, JJ. ------------------------------------------------------ M.A.C.A. 2898 of 2008 ------------------------------------------------------ Dated: JUNE 14, 2010 JUDGMENT Basheer, J. The short question that arises for consideration is whether the Motor Accidents Claims Tribunal was justified in exonerating the Insurance Company from the liability to indemnify the appellant/injured. The Tribunal proceeded as though the policy was only an 'Act only' policy and held that the insurer will not be liable to indemnify the insured. However, learned counsel for the Insurance Company fairly submits that the policy in question being a 'Package policy', the Insurance Company is liable. The above submission is recorded. 2. Therefore the award is modified to the extent that respondent No.3, Insurance Company, is directed to pay the compensation to the appellant/claimant as quantified by the Tribunal. The appeal is disposed of in the above terms. A.K. BASHEER, JUDGE P.Q. BARKATH ALI, JUDGE mt/-