IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN FRIDAY, THE 22ND OCTOBER 2010 / 30TH ASWINA 1932 MACA.No. 606 of 2010(F) --------------------------- OPMV.1256/2005 of MOTOR ACCIDENT CLAIMS TRIBUNAL, KOZHIKODE .................... APPELLANT(S): PETITIONERS: ---------------------------------- ASWIN (MINOR) REPRESENTED BY HIS FATHER RAVEENDRAN, S/O.GOPALAKRISHNAN NAIR SAKARANPATH HOUSE, THAMARASSERY P.O., CALICUT DISTRICT. BY ADV. SMT.T.V.NEEMA RESPONDENT(S)/RESPONDENTS: --------------------------------------- 1. SHARISH, S/O.RAMAN NAIR, NARAYANTHODI HOUSE, PANNICODE P.O. 2. UNITED INDIA INSURANCE CO.LTD., VELTHANNA BUILDING, MAIN ROAD, THAMARASSERY-673 573, KOZHIKODE. 3. SREEDHARAN NAIR, S/O.RAMAN NAIR, SAKARANPATH, THAMARASSERY P.O. THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 22/10/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: M.N. KRISHNAN, J. = = = = = = = = = = = = = = M.A.C.A. NO. 606 OF 2010 = = = = = = = = = = = = = = = Dated this the 22nd day of October, 2010. J U D G M E N T This appeal is preferred against the award of the Motor Accidents Claims Tribunal, Kozhikode in O.P.(MV) 1256/05. The claimant, therein is a minor boy aged 7½ years. While he was travelling with his parents the Maruthi car in which they were travelling met with an accident resulting in injuries to him. The Tribunal had not considered the matter properly at all and the parties also have not been very prompt in supplying proper materials necessary for the disposal of the case. It is not seen from the award whether the policy is a comprehensive policy or an Act only policy. If it is a comprehensive or a package policy by virtue of the latest clarificatory Circular and decisions the persons travelling in a private vehicle are covered by the policy. Similarly the negligence aspect also can be looked into -:2:- by the Court. So I set aside the award and remit the case back to the Tribunal with a direction to permit all concerned to produce both documentary as well as oral evidence in support of their respective contentions and then dispose of the matter in accordance with law. On appearance, the claimant is directed to take out notice to the respondent for a proper disposal of the case. The claimant is directed to appear before the Tribunal on 23.11.10. M.N. KRISHNAN, JUDGE. ul/-