Remanded

The Oriental Insurance Co.Ltd, v. J.Sunil

Kerala HC22 Sept 2016MACA/209/2014

Case brief

AI extract

What is this about?

The High Court of Kerala set aside an interim order directing an insurance company to produce cheques for compensation. Since the main original petition remains pending, the Court held that the Tribunal must consider the appellant's contention (that it was the rider's insurer) before passing a final award.

What did the court decide?

The interim order dated 20.10.2010 directing the appellant to produce cheques is set aside for the Tribunal's consideration in the main original petition's final award.

The Oriental Insurance Co.Ltd, Vs J.Sunil — Motor Accident Claims | Kerala HC (2016)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT:

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THE HONOURABLE SMT. JUSTICE P.V.ASHA

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THURSDAY, THE 22ND DAY OF SEPTEMBER 2016/31ST BHADRA, 1938

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MACA.No. 209 of 2014

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I.A.NO. 1908/2010 IN O.P.(MV)NO. 362/2010 OF MOTOR ACCIDENTS CLAIMS TRIBUNAL, NEYYATTINKARA

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APPELLANT(S)/6TH RESPONDENT :

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THE ORIENTAL INSURANCE CO.LTD., THIRUVANANTHAPURAM, REPRESENTED BY ITS ASSISTANT MANAGER, REGIONAL OFFICE, ERNAKULAM NORTH, KOCHI-18.

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BY ADVS. SRI.GEORGE CHERIAN (THIRUVALLA) SMT.K.S.SANTHI

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RESPONDENT(S)/CLAIMANT :

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J.SUNIL, S/O.JOHNY, ANIL VILLA, THENNIYOORKONAM, VIZHINJAM, VIZHINJAM P.O., NEYYATTINKARA TALUK, PIN-695 521.

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THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 22-09-2016, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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Msd.

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P.V.ASHA J.

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--------------------------------------------

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M.A.C.A.No.209 of 2014

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--------------------------------------------- Dated this the 22^nd day of September, 2016

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J U D G M E N T

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This M.A.C.A is filed as against the interim order passed by the Motor Accidents Claims Tribunal, Neyyattinkara in I.A. No.1908 of 2010 in O.P.(M.V).No.362 of 2010 by which the appellant-3^rd respondent and another Insurance Company-6^th respondent were directed to produce crossed cheques for the half share payable by them within a period of one month. The I.A. was filed claiming compensation under Section 140 of the Motor Vehicles Act. According to the appellant it is not liable to make the payment, since he was the rider of the motor bike, which was insured with the appellant when the accident occurred.

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I heard the learned counsel appearing for the appellant. There is no appearance for the respondents.

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It is seen that the main O.P is even now pending consideration of the Motor Accidents Claims Tribunal, Neyyattinkara. Therefore it is only appropriate that the

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M.A.C.A.No.209 of 2014

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Tribunal considers the contention of the appellant herein while passing the award in the O.P.(M.V). Accordingly the order passed on 20.10.2010 in I.A.No.1908 of 2010 in O.P. (M.V).No.362 of 2010 to the extent it relates to the appellant herein will stand set aside, for the purpose consideration by the Tribunal.

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Motor Accident Claims Appeal is disposed of accordingly.

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Sd/- P.V.ASHA, JUDGE.

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/True Copy/

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P.A. to Judge

The Oriental Insurance Co.Ltd, v. J.Sunil

Case brief

What is this about?

What did the court decide?

The Oriental Insurance Co.Ltd, v. J.Sunil

Case brief

What is this about?

What did the court decide?

What the court decided

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