United India Insurance Co. Ltd, Kerala v. Jebasthiammal
2013-07-30
K.RAVICHANDRA BAABU
body2013
DigiLaw.ai
Judgment :- 1. Originally, this civil revision petition is filed seeking for the relief to set aside the settlement memo dated 28.04.2012 passed in M.C.O.P.No.387 of 2007 on the file of the Motor Accident Claims Tribunal, Coimbatore. Subsequently, the petitioner filed an amendment petition seeking to amend the prayer in the civil revision petition. The prayer was ordered by this Court in M.P.No.1/2013 on 23.07.2013. Now, the prayer is seeking for a direction to the District Legal Services Authority, Coimbatore to consider the Memo filed by the petitioner and to pass orders on the same. 2. It is the case of the petitioner that they have filed a Memo before the Tribunal seeking to set aside the award passed on 28.04.2012 on the ground that the petitioner herein is not liable to pay compensation as the offender vehicle has only the "Act" Policy. 3. As the limited prayer in this civil revision petition is seeking for a direction to the Tribunal below to consider and pass orders on the Memo filed by the petitioner, without expressing any view on the merits and contentions of the petitioner raised in the said memo, I only direct the Tribunal below to consider and pass orders on the Memo filed by the petitioner in M.C.O.P.No.387 of 2011, on merits and in accordance with law within a period of 30 days from the date of receipt of a copy of this order. It is needless to state that the Tribunal will give an opportunity of hearing to the other side before passing any order in the said Memo. 4. With the above direction, the civil revision petition is disposed of. No costs. The connected miscellaneous petition is closed.