IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN MONDAY, THE 1ST SEPTEMBER 2008 / 10TH BHADRA 1930 MACA.No. 2314 of 2007() ----------------------- (IA NO.2402 (a)/2005 IN OP(MV) 634/05 OF MOTOR ACCIDENTS CLAIMS TRIBUNAL, THODUPUZHA) APPELLANT/3RD RESPONDENT ----------------------------------- THE NATIONAL INSURANCE COMPANY LTD., REPRESENTED BY ITS BRANCH MANAGER, BRANCH OFFICE, PALA. BY ADV. SRI.RAJAN P.KALIYATH RESPONDENTS: CLAIMANTS 1 TO 3 & R1 AND R2 ----------------------------------------- 1. VIJAYAN, S/O. THANKAPPAN, NAVANIYIL HOUSE, PATHEKKER KARA, UPPUTHARA POST, UPPUTHARA VILLAGE, PEERMEDU TALUK. 2. PRASANNAKUMARI, W/O. VIJAYAN, -DO- 3. SMITHA VIJAYAN, D/O. VIJAYAN, -DO- 4. REMANI THOMAS, W/O. THOMAS, MULLORKOM HOUSE, NADACKAL POST, ERATTUPETTA. 5. VIJAYAKUMAR M., S/O. JOSE @ MONIYANDI, ESTATE LABOUR, CHENDUAR POST, RESIDING AT MADATHILPARAMBIL HOUSE, UPPUTHARA KARA, UPPUTHARA VILLAGE, PEERMEDU TALUK. BY ADV. SRI.RENJITH B.MARAR FOR R1 TO R3 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING COME UP FOR ADMISSION ON 01/09/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: MACA No. 2314/07 ORDER ON IA No. 3037/07 IN MACA No.2314/07 DISMISSED 1.9.08 SD/- M.N.KRISHNAN, JUDGE /TRUE COPY/ PA TO JUDGE. M.N.KRISHNAN, J. -------------------------- M.A.C.A. No. 2314 OF 2007 --------------------- Dated this the 1st day of September, 2008 JUDGMENT This appeal is preferred against the preliminary award passed by the Motor Accident Claims Tribunal, Thodupuzha, in I.A. No.2402(a)/2005 in OP(MV) 634/05. The claimants are the legal representatives of one Satheesh, who died in a road accident. The Insurance Company has raised a contention that the deceased was a gratuitous passenger in a goods vehicle not covered by the policy and therefore it is not bound to indemnify the insured. 2. So far as section 140 of the Motor Vehicles Act is concerned, the question of negligence cannot be looked into. Now the position is well settled by catena of decisions that when the entire liability itself is challenged, that has to be considered before passing a preliminary award. I am informed that the evidence has been taken and the claim petition itself has reached the last stage. The only method now is to direct the Claims Tribunal, Thodupuzha, to dispose of the matter. Therefore, the appeal is allowed. The order in IA is set aside with a direction to the Tribunal to dispose of the OP(MV) itself within a period of six weeks from today. Till that time, the amount deposited by the Insurance Company shall be kept in court deposit. M.N.KRISHNAN, JUDGE vps