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2017 Supreme(Ker) 1296

C.T.RAVIKUMAR, ANIL K.NARENDRAN
National Insurance Co. Ltd. – Appellant
Versus
Sajeev S/o. Soman – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Sri. Rajan P. Kaliyath

JUDGMENT :

Ravikumar, J.

The former appeal filed by the National Insurance Company Ltd., arises from an order passed by the Motor Accident Claims Tribunal, North Paravur, on 24.3.2006 in I.A.No.2529/04 in O.P. (MV)No.874/04. The appellant was the 3rd respondent in the claim petition. Essentially, it is an interim award passed under Section 140 of the Motor Vehicles Act. As per the same, the appellant-National Insurance Company Limited, which is the 3rd respondent in the claim petition, was directed to deposit a sum of Rs.25,000/-. Evidently, while issuing such a direction, the Tribunal took note of the fact that Ext.P7 produced before it contained a certification to the effect that the claimant incurred 25% permanent disability due to the injuries sustained in the accident in question, which led to the filing of the above mentioned claim petition. The contention of the appellant in the former appeal is that though the aspect of negligence need not be looked into for passing an interim award under Section 140 of the MV Act, it would not empower the Tribunal to call for an insurer having no statutory liability at all, to indemnify the insured owner of the vehicle allegedly involved in
















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