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Judgment
M.N. Krishnan, J.—This appeal is preferred against the award of the Motor Accidents Claims Tribunal, Perumbavoor in O.P. (MV)2398/03. The claimant, a passenger in a Maruthi Omni van, sustained injuries in a road accident and the Tribunal awarded him a compensation of Rs. 72,630/- and making the State Insurance Department liable. It is against that decision the Insurance Department has come up in appeal.
Heard the counsel for both the sides. Along with the memorandum of appeal an application is filed for amending the written statement and raised a contention that it was a Government vehicle which was covered by only an Act only policy and therefore it does not cover the risk of a passenger in the vehicle. It is an area where there are legal rulings to that effect and therefore I am inclined to grant an opportunity but I make it clear that the appellant can move an application for amendment before the trial Court and it can be considered after giving notice to all the parties. Therefore the award under challenge is set aside and the matter is remitted back to the Tribunal with a direction to permit the appellant herein to move an application for amendment of the written statement and thereafter the Court can dispose it of after hearing all concerned and then proceed in accordance with law for the disposal of the matter. Parties are directed to appear before the Tribunal on 18.10.10. Needless to say if the other parties are not entering appearance notice has to be taken by the appellant to serve them.