IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN THURSDAY, THE 11TH MARCH 2010 / 20TH PHALGUNA 1931 MACA.No. 105 of 2009() ---------------------- OPMV.452/2003 of MOTOR ACCIDENT CLAIMS TRIBUNAL, NORTH PARAVUR .................... APPELLANT(S): 3RD RESPONDENT: ------------------------------------------------------- THE NEW INDIA ASSURANCE COMPANY LTD, TRIPUNITHURA NOW REPRESENTED BY ITS MANAGER,REGIONAL OFFICE,M.G.ROAD, KOCHI-11. BY ADV. MR.P.JACOB MATHEW RESPONDENT(S): PETITIONER AND RESPONDENTS 1 & 2: --------------------------------------------------------------------------------------- 1. M.K.BASHEER,S/O.UNEEN, MOOLANKUZHIYIL HOUSE, KUZHUPPILLY,MUNAMBAM, KOCHI TALUK. 2. A.MUTHUSWAMY, AVINASH BHAVAN,PONNETH TEMPLE ROAD,KADAVANTHARA.P.O,ERNAKULAM. 3. SHAIBU, S/O.MATHAI, KANNANKERY HOUSE, CHITTETHUKARA, KAKKANAD.P.O,ERNAKULAM. THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 11/03/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss M.N. KRISHNAN, J. ........................................... M.A.C.A.No.105 OF 2009 ............................................. Dated this the 11th day of March, 2010. J U D G M E N T This is an appeal preferred against the award of the Claims Tribunal, North Paravur granting a compensation of Rs.13,500/= with 7% interest. The insurance company has been directed to pay the compensation. It is against that decision, the insurance company has come up in appeal. 2. The learned counsel for the insurance company would contend before me that the vehicle involved in the accident was used by a driving school and the policy taken for the vehicle was that of a private vehicle. The policy issued was also an Act only policy. Therefore it is contended that when a vehicle is used as a driving school vehicle it requires a wider policy and the vehicle is used for the purpose other than that it is being permitted and thus there is breach of the permit conditions as well as breach of the policy conditions. Nobody has taken these contentions seriously and the tribunal has dealt with the matter in a light hearted fashion. Therefore the inevitable consequence : 2 : M.A.C.A.No.105 OF 2009 is to direct the tribunal to consider the matter afresh after affording equal opportunities to all concerned. 3. Therefore the award under challenge is set a side and the matter is remitted back to the tribunal with a direction to consider the entire issue afresh after affording equal opportunities to all concerned to produce documentary as well as oral evidence in support of their respective contentions. The insurance company is directed to take out notice to all the parties before further proceeding in the matter. Parties are directed to appear before the tribunal on 19.04.2010. Disposed of accordingly. M.N. KRISHNAN, JUDGE cl : 3 : M.A.C.A.No.105 OF 2009