UNITED INDIA INSURANCE CO. LTD. Vs. ASYA ALI

JUDGEMENT

(1.) THE 2nd respondent in O.P.(MV) No.506/2012 of the Motor Accident Claims Tribunal, Kozhikode has come up in appeal by challenging the award dated 08.03.2013, passed by the Tribunal.

(2.) THE 1st respondent has suffered a motor vehicle accident while she was walking through the road as she was knocked down by a motorbike being owned and ridden by the 2nd respondent herein on 30.01.2012. The learned Tribunal has observed that no written statement was filed by the present appellant in the case. Even though Ext.A3 final report reveals that there was a charge against the 2nd respondent herein under Section 3(1) read with Section 181 of the Motor Vehicles Act, the Tribunal took the view that no permission need be granted to the insurer to pay the amount awarded and to recover it from the 2nd respondent herein as the insurer has failed to file a written statement to prove the policy conditions.

(3.) THE learned counsel for the appellant has pointed out that on 31.10.2012, i.e., within two posting dates, the appellant, insurance company had filed a written statement before the Tribunal. Even though the award was passed on 08.03.2013 only, the Tribunal had erroneously taken a view that no written statement was filed by the insurance company.