IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN THURSDAY, THE 17TH JUNE 2010 / 27TH JYAISTHA 1932 MACA.No. 139 of 2010(C) ----------------------------------- [O.P(MV).NO.1047/2003 OF MOTOR ACCIDENT CLAIMS TRIBUNAL, PERUMBAVOOR .................... APPELLANT/PETITIONER IN O.P (M.V). 1047/2003: ----------------------------------------------------------------------- DINSON DANIEL, S/O. DANIEL, AGED 26 YEARS, CHERUKUZHY HOUSE, IRINGOLE P.O., PERUMBAVOOR VILLAGE, KUNNATHUNADU TALUK. BY ADVS. SRI.V.K.GOPALAKRISHNA PILLAI, SRI.GOPAKUMAR G. (ALUVA). RESPONDENT/RESPONDENT NO.3 IN O.P(MV). 1047/2003: ----------------------------------------------------------------------------------- UNITED INDIA INSURANCE CO.LTD., 2ND FLOOR, SOUTHERN BLOCK, VADAKKANETHIL TOWERS, PERUMBAVOOR – 683 542. BY THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING COME UP FOR ADMISSION ON 17/06/2010,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: prv. M.N. KRISHNAN, J. = = = = = = = = = = = = = = M.A.C.A. NO. 139 OF 2010 = = = = = = = = = = = = = = = Dated this the 17th day of June, 2010. J U D G M E N T This appeal is preferred against the award of the Motor Accidents Claims Tribunal, Perumbavoor in O.P.(MV)1047/03. The claimant, a pillion rider, sustained injuries in a road accident and the Tribunal awarded him a compensation of Rs.24,000/- and liability was fixed on respondents 1 and 2 and the insurance company was exonerated from the liability. The Tribunal in paragraph 9 of the award had just referred to the contention of the 3rd respondent and came to the conclusion that being an an Act only policy the insurance company is not liable to pay. There cannot be any quarrel with the proposition that in an Act only policy the insurance company cannot be saddled with the liability but there is a duty cast upon the insurance company to produce the policy for at least for perusal so as to arrive at a judicial decision. It was not proper on the part of the Tribunal to have decided the case only on the basis of the contention which is not M.A.C.A. 139 OF 2010 -:2:- supported by evidence or documents. Therefore the award under challenge is set aside so far as it relates to the exoneration of the liability of the insurance company is concerned and the matter is remitted back to the Tribunal with a direction to the Tribunal to permit the parties to produce documentary as well as oral evidence in support of their respective contentions regarding the said liability and then dispose of the matter in accordance with law. Since the insurance company has not chosen to enter appearance before this Court the claimant on appearance has to take out notice to the insurance company for a proper disposal of the matter. Parties are directed to appear before the Tribunal on 30.7.2010. M.N. KRISHNAN, JUDGE. ul/-