IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN MONDAY, THE 4TH AUGUST 2008 / 13TH SRAVANA 1930 MACA.No. 1029 of 2008() ----------------------- OPMV.1697/2003 of MOTOR ACCIDENT CLAIMS TRIBUNAL, MUVATTUPUZHA .................... APPELLANT/3RD RESPONDENT:- ------------------------------------------------ UNITED INDIA INSURANCE COMPANY LIMITED, ADIMALY NOW REPRESENTED BY ITS DEPUTY MANAGER, REGIONAL OFFICE, "SHARANYA", HOSPITL ROAD, KOCHI -11. BY ADV. SRI.MATHEWS JACOB (SR.) SRI.P.JACOB MATHEW RESPONDENTS: PETITIONER AND RESPONDENTS 1 &2:- -------------------------------------------------------------------------------------- 1. RAJESH AYYAPPAN, S/O AYYAPPAN, EDAPPATTU HOUSE, INCHOOR (THONDUMPADY), VARAPPETTY VILLAGE, KOTHAMANGALAM. 2. M.KUMAR, S/O MUTHAYYA, IST DIVISION SILENT VALLEY ESTATE, K.D.H., VILLAGE, MUNNAR P.O., IDUKKI DISTRICT, PIN 685 612. 3. M.BALU,S/O MUTHAIH, 110/4,SILENT VALLEY ESTATE, MUNNAR P.O., IDUKKI DISTRICT, PIN 685 612. ADV. SRI.P.V.ELIAS FOR R1 SRI.SHAJI THOMAS PORKKATTIL FOR R3 SRI.BINU PAUL FOR R3 SRI.N.NAGARESH FOR R3 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 04/08/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss M.N.KRISHNAN, J ===================== MACA No.1029 OF 2008 ===================== Dated this the 4th day of August 2008 JUDGMENT This appeal is preferred against the award of the Motor Accidents Claims Tribunal, Muvattupuzha in O.P.(MV)No.1697 of 2003. The claimant sustained injuries in a road accident and he has been awarded a total compensation of Rs.29,400/- with 8.5.% interest. The appeal is filed by the insurance company on the ground that there has been suppression of material facts which amounted to void regarding the policy and therefore it is to be exonerated from the liability. Except for the contention, real materials are not supplied before the Tribunal. It is a fundamental principle that fraud and collusion, etc. cannot be arrived at on the basis of conjectures and surmises. Similarly, there will not be any direct evidence on fraud and it has to be only gathered from the surrounding circumstances. 2. Here the contention is that the owner of the vehicle had suppressed the fact that it was a taxi jeep and had taken the policy for a private jeep. If it is true, then there is a material suppression of fact. Suppose the vehicle had been converted into a taxi after the issuance of the policy, one cannot MACA 1029/2008 -:2:- attribute suppression of material facts at the time of issuance of the policy and under such circumstances, it may not amount to breach of policy conditions. So, these are all matters which have to be proved by cogent convincing evidence. Learned counsel for the insurance company submits that there are materials and it can establish the same. Therefore, I am inclined to grant an opportunity to the insurance company to prove its contention. Therefore the award under challenge is set aside so far as it relates to the inter se liability between the owner and the insurance company and both of them are permitted to adduce both oral and documentary evidence in support of their respective contentions and the Tribunal shall decide regarding the correctness of the policy in accordance with law. Parties are directed to appear before the Tribunal on 5.9.2008. MACA is disposed of as above. M.N.KRISHNAN, JUDGE Cdp/-