PRAMEELA Vs. K P XAVIER

JUDGEMENT

(1.) THIS appeal is preferred against the award of the Motor Accidents Claims Tribunal, Thrissur in I.A.3199/10 in O.P.(MV)621/10. The claim petition was filed for compensation on account of the death by the legal representatives. The insurance company raised a contention that the deceased was only a gratuitous passenger not liable to be covered by the policy. By virtue of the decision of the Hon'ble Supreme Court in Swaran Singh's case National Insurance Co. Ltd. v. Swaran Singh (2004 (1) KLT 781) this contention is available for the insurance company and at that stage the Court may not able to arrive at a correct decision as well. But since it is a death case where the sole bread winer has gone it is necessary that justice is rendered to the parties at the earliest. Therefore I close this appeal with a direction to the Motor Accidents Claims Tribunal, Thrissur to dispose of the claim petition itself within a period of two months from the date of receipt of a copy of this judgment. The Registry is directed to send a copy of the order to the Tribunal as well.