IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN THURSDAY, THE 7TH OCTOBER 2010 / 15TH ASWINA 1932 MACA.No. 1026 of 2009(G) -------------------------------- (OPMV.3803/2002 of MOTOR ACCIDENT CLAIMS TRIBUNAL, KOZHIKODE) .................... APPELLANT(S)/PETITIONER IN OPMV. --------------------------------------------- MAHAROOF, S/O.HASSAN, AGED 25 YEARS, KARIYATHANKAVU VEETTIL HOUSE, KAMBILIPARAMBA, P.O. OLAVANNA, CALICUT. BY ADV. SRI.K.M.JAMALUDHEEN RESPONDENT(S)/ RESPONDENTS IN O.P (MV) ------------------------------------------------------ 1. NOUSHAD, S/O. MUHAMMEDKOYA, EDIYATTIL HOUSE, P.O. OLAVANNA, KOZHIKODE. 2. ESSA, S/O.MUHAMMED, AGED 27 YEARS, MANOLI VEETTIL P.O., NALLALAM, VCALICUT, 3. THE NEW INDIA ASSURANCE CO. LTD., BRANCH OFFICE, TRIPURI BUILDING, EAST NADAKAVU, KOZHIKODE. R3 BY ADV. SMT.A.SREEKALA THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 07/10/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: SVS/ M.N.KRISHNAN, J. ----------------------------------------- M.A.C.A NO. 1026 OF 2009 ---------------------------------------- Dated this the 7th day of October, 2010. JUDGMENT This is an appeal preferred against the award of the Motor Accidents Claims Tribunal, Kozhikode in O.P(MV) No. 3803 of 2002. The claimant a pillion rider sustained injuries in a road accident and the Tribunal awarded compensation of Rs.4,000/- and exonerated the Insurance Company from the liability on the ground that it is only an 'Act only policy'. Dissatisfied with these findings the claimant has come up in appeal. 2. Heard the counsel for the appellant as well as the Insurance Company. The learned counsel for the appellant had made available before me certain documents relating to the treatment including a copy of the summary issued and kept by the Medical College Hospital. A perusal of the same would reveal that he had sustained injuries and he was in the hospital from 12.12.2002 to 25.12.2002. He had a thin extra axial hemorrhage of the right parietal region. The scan report also is referred to and, therefore, I think the matter requires reconsideration at the hands M.A.C.A NO. 1026 OF 2009 2 of the Tribunal with an opportunity to the claimant to produce necessary documents for the disposal of the case. Regarding the policy also, the Court may consider whether it is only an 'Act only policy'. If it is as the Insurance Company cannot made liable. Both parties be permitted to submit on the nature of the policy. Therefore, the award under challenge is set aside and the matter is remitted back to the Tribunal with a direction to permit all concerned to produce documentary as well as oral evidence in support of their respective contentions and then dispose of the matter in accordance with law. Since there is a contention of an 'Act only policy' the claimant shall take out notice to the owner for the reason that he will be affected by the decision if it is not covered by a policy. Parties are directed to appear before the Tribunal on 12.11.2010. M.N.KRISHNAN, JUDGE. mns