IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN MONDAY, THE 29TH MARCH 2010 / 8TH CHAITHRA 1932 MACA.No. 943 of 2009() ---------------------- OPMV.700/2006 of PRINCIPAL MOTOR ACCIDENT CLAIMS TRIBUNAL, KOZHIKODE .................... APPELLANT(S): PETITIONER: --------------------------------------------- NAGAMMA, AGED 39 YEARS, W/O. RAJAGOPALAN, ERIPOKKOTTUTHAZHAM, CIVIL STATION.P.O., KOZHIKKODE. BY ADVS. MR.JACOB ABRAHAM, SMT.KOCHUMOL KODUVATH. RESPONDENT(S): RESPONDENTS: ---------------------------------------------------- 1. NOUSHAD.P.P., S/O.C.H.AMMED, ZAINAS HOUSE, AVARAPARAMBA,KADALAI, KANNUR. 2. UNITED INDIA INSURANCE CO. LTD., CHOVVA, KANNUR. R2 BY ADVS. MR.RAJAN P.KALIYATH, SMT.RAJI T.BHASKAR. THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 29/03/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss M.N. KRISHNAN, J. ........................................... M.A.C.A. No.943 OF 2009 ............................................. Dated this the 29th day of March, 2010. J U D G M E N T This appeal is preferred against the award of the Claims Tribunal, Kozhikode in OP(MV)No.700/2006. The claimant, who sustained injuries in a road accident, has been awarded a sum of Rs.6,000/= and the 1st respondent, who is shown as Rousheed P.P, is directed to produce the cheque. It is against that decision, the claimant has come up in appeal. 2. Now it is interesting to note that the policy is issued in the name of one P.P.Noushad. The 1st respondent's name is shown as P.P.Rousheed. Along with the memorandum of appeal, a registration particular is produced wherein the name of the registered owner is shown as K.K. Navas. The vehicle KL.13-F-3618 is having a chassis number of SB3081N1450045 and an engine number of F8DN1012544. The policy correspondingly shows the chassis number and engine number and therefore it can be safely held that there was a valid insurance coverage for the vehicle KL-13- F-3618. But that does not solve the problem because we : 2 : M.A.C.A. No.943 OF 2009 have three names; Rousheed, Noushad and Navas. So the document has to be produced in order to substantiate who is the owner of the vehicle and if correction is necessary or impleadment is necessary, that may be done and the matter be proceeded with. Even if there is change of name, the court may have to consider regarding the impact of Section 157 (1) of the M.V.Act. 3. 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 amend the cause title regarding the name of the owner and also produce the documents to establish that the vehicle was validly covered under an insurance policy. Parties are directed to appear before the tribunal on 28.04.2010. Since the matter is being remitted back, the quantum may also be reconsidered. The insurance company is also directed to produce a copy of the policy. : 3 : M.A.C.A. No.943 OF 2009 Disposed of accordingly. M.N. KRISHNAN, JUDGE cl : 4 : M.A.C.A. No.943 OF 2009