IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN THURSDAY, THE 26TH JUNE 2008 / 5TH ASHADHA 1930 MACA.No. 1216 of 2008() ----------------------- OPMV.2034/1997 of MOTOR ACCIDENT CLAIMS TRIBUNAL, ERNAKULAM .................... APPELLANT/3RD RESPONDENT: ------------------------------------------------- UNITED INDIA INSURANCE CO.LTD, REPRESENTED BY ITS DIVISIONAL MANAGER,COCHIN-16. BY ADV. SRI.S.ARUN RAJ RESPONDENTS: PETITIONER & IST AND 2ND RESPONDENT: ------------------------------------------------------------------------------------------ 1. K.THANKAM,S/O.KUMARAN,ANJUTHAIKKAL HOUSE,POOCHAKKAL P.O,ALAPPUZHA DISTRICT. 2. K.CHANDRAN,S/O.KUNHIRAMAN, KUNHIKKAYIL HOUSE,P.O PUDUPPANAM,VADAKARA. 3. A.P.RAVEENDRAN,S/O.CHATHU ATHIYAR, PUTHIYOTTIL HOUSE,EAST OF BHAJANA MADOM, PUTHUPPANAM P.O,VADAKARA. BY THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING COME UP FOR ADMISSION ON 26/06/2008, HE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ORDER ON I.A.NO.1446/2008 IN M.A.C.A.NO.1216/2008 DISMISSED 26/06/2008 SD/- M.N.KRISHNAN, JUDGE /TRUE COPY/ P.A.TO JUDGE Kss M.N. KRISHNAN, J. = = = = = = = = = = = = = = M.A.C.A. NO. 1216 OF 2008 = = = = = = = = = = = = = = = Dated this the 26th day of June, 2008. J U D G M E N T This appeal is preferred against the award of the Motor Accidents Claims Tribunal, Ernakulam in O.P.(MV)2034/97. Since the matter requires reconsideration at the hands of the Tribunal I do not want to issue notice to others and it shall be done by the Tribunal when it reconsiders the whole matter. The question is with respect to the entitlement for claiming damages of the goods carried in a vehicle. The learned counsel for the insurance company had produced before me the package policy and specifically refers to S.II(d) which is as follows; “The Company shall not be liable in respect of damage to property belonging to or held in trust by or in the custody of the insured or a member of the insured's household or being conveyed by the insured vehicle.” M.A.C.A. 1216 OF 2008 -:2:- 2. So the learned counsel would contend the goods being conveyed by the insured's vehicle is not covered by the policy and therefore there is no entitlement to claim compensation. The Tribunal in some of the paragraphs found that the insurance company is liable but in the operative portion it is absolutely silent and it directs the first and 2nd respondent alone to deposit the amount within a period of one month from the date. So one is not able to understand whether the Tribunal has fixed the liability on the insurance company or not. This is a matter which the Tribunal has to consider. Therefore, this being the situation, I feel that there is no necessity to invite all to this Court for the reason that at any rate the matter requires consideration at the hands of the Tribunal. Therefore the award under challenge is set aside and the matter is remitted back to the Tribunal with a specific direction to reconsider the question of liability of the insurance company as contended by it. I also make it clear at the expense of the insurance company the Tribunal shall take out notice to the other parties and dispose of the matter M.A.C.A. 1216 OF 2008 -:3:- in accordance with law. It shall also consider whether in such cases under Section 165 such claims are entertainable by a Motor Accidents Claims Tribunal. M.N. KRISHNAN, JUDGE. ul/-