IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN MONDAY, THE 8TH FEBRUARY 2010 / 19TH MAGHA 1931 MACA.No. 1388 of 2009() ------------------------------------ OPMV.1756/2006 of MOTOR ACCIDENT CLAIMS TRIBUNAL, KOZHIKODE .................... APPELLANT(S): PETITIONER IN O.P.(MV) ------------------------- UDAYAN, S/O.LATE KUNHIKANARAN, AGED 32 YEARS, RESIDING AT KUTTINILAMVAYALIL HOUSE, PHED, ROAD PO, CIVIL STATION, ERANHIPALAM, KOZHIKODE. BY ADV. SMT.LATHA PRABHAKARAN RESPONDENT(S): RESPONDENT IN O.P.(MV) ------------------------ 1. P.SHAREEF, S/O.KHADER, AGED NOT KNOWN, RESIDING AT PALAT HOUSE, PO, ANTHIYOORKUNU, PALLIKKAL, MALAPPURAM 2. SUDHAKARAN, S/O. NADI, AGED 45 YEARS RESIDING AT UNNIYATHIPARAMBU HOUSE, PO, ANTHIYOORKUNNU, ANTHIYOOR KUNNU AMSOM DESOM, MALAPPURAM. 3. THE ORIENTAL INSURANCE CO.LTD, DIVISIONAL OFFICE, SEEMA BUILDING, G.H.ROAD, KOZHIKODE. ADV. SRI.P.VIJAYA BHANU SRI.P.VENUGOPAL (1086/92) FOR R1 & 2 R3 BY ADV. MR.M.JACOB MURICKAN THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 08/02/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: tss M.N. KRISHNAN, J. = = = = = = = = = = = = = = M.A.C.A. NO. 1388 OF 2009 = = = = = = = = = = = = = = = Dated this the 8th day of February, 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)1756/06. The claimant was awarded a compensation of Rs.4,500/- and the 2nd respondent owner was directed to pay the amount. It is against that decision the claimant has come up in appeal for enhancement. At the time of argument it is submitted that there is a policy and so it was not proper on the part of the Tribunal to have exonerated the insurance company. The learned counsel for the insurance company in fairness had handed over his records to me and on perusal I find that there is a policy. The written statement also admits about the existence of a policy. I do not know what promoted the Tribunal to exonerate the insurance company and the extraction of the written statement of the insurance company itself is highly confusing. The Tribunal has extracted the written statement of the insurance company as follows. M.A.C.A. 1388 OF 2009 -:2:- “R3 filed written statement denying the liability. Insurance coverage is admitted.” But that is not the pleadings. Similarly it is contended that there are some injuries which really deserves consideration for granting a proper compensation. So the matter requires reconsideration. Therefore the award under challenge is set aside and the matter is remitted back to the Tribunal with a direction to the Tribunal 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. Parties are directed to appear before the Tribunal on 4.3.2010. M.N. KRISHNAN, JUDGE. ul/-