IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN TUESDAY, THE 1ST JULY 2008 / 10TH ASHADHA 1930 MACA.No. 632 of 2003() --------------------------------- OPMV.3385/1995 of MOTOR ACCIDENT CLAIMS TRIBUNAL, ERNAKULAM .................... APPELLANT/PETITIONER IN O.P.(M.V) NO.3385/95 : ----------------------------------------------------------------------- K.T.MATHEW, AGED 58 YEARS, S/O. LATE K.K.THOMAS, VII/480, MAVELIPURAM, KAKKANAD P.O., PIN-682 030 BY ADV. SRI.R.SUDHISSH SMT.MANJU R SUDHISH RESPONDENTS/RESPONDENTS IN O.P.(M.V) NO.3385/95 : ------------------------------------------------------------------------------- 1. V.M.NISHAD S/O. MOHAMMED, VELLAPPILLY HOUSE, MADAKKATHANAM, MUVATTUPUZHA 2. JUSTIN ABRO S/O. MARTIN ABRO, NOLPURAPARAMBIL HOUSE, NEAR FISHING HARBOUR, THOPPUMPADY, COCHIN-5 3. THE ORIENTAL INSURANCE CO. LTD., BY ITS REGIONAL MANAGER, REGIONAL OFFICE, MUTHOOT TOWERS, M.G.ROAD, COCHIN-35. 4. UNITED INDIA INSURANCE CO.LTD., BY ITS MANAGER, MTPC OFFICE, VETTUKKATTIL BUILDING, M.G.ROAD, COCHIN-16 BY ADV. SRI.P.JAYASANKAR - R4 SRI.T.D.ROBIN - R2 SRI.R.ANUP - R2 SRI.MATHEWS JACOB (SR.) - R3 SRI.P.JACOB MATHEW - R3 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 01/07/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: M.N.KRISHNAN, J. -------------------------- M.A.C.A. No. 632 OF 2003 --------------------- Dated this the 1st day of July, 2008 JUDGMENT This appeal is preferred against the award passed by the Motor Accident Claims Tribunal, Ernakulam, in OP(MV) 3385/95. The claimant was awarded a compensation of Rs.19,750/- and the 3rd respondent Insurance Company was exonerated from the liability and respondents 1 and 2 were made liable to pay the amount. So far as exoneration of the liability of the Insurance Company is concerned, the Tribunal found fault with the claimant that he has not established that the engine number and the chasis number shown in the policy of insurance relates to the mini lorry bearing registration No.KL-7J-4194. 2. Learned counsel for the appellant would strongly contend before me that at the time of the preparation of the charge sheet, reference to the policy is done and its number is given. The authorities found that the vehicle was insured with the Oriental Insurance Company. It is true that the police have not recorded the engine number. I think the particulars will be available with the MACA No.632/03 2 registering authorities and if a copy can be taken, it can be well connected so that all the suspicion in the mind of the Tribunal can be removed. Under ordinary circumstances, reference to the number is sufficient. Since the Tribunal has apprehended, I feel that a direction can be given to produce the same. It is also submitted by the learned counsel for the appellant that on account of the sustainment of a fracture in the pattela the claimant had sustained disability and it has not been considered. If the claimant is able to establish the same by offering himself to be referred to the Medical Board for the purpose of assessing the disability, that may also be considered and decided. Therefore the award under challenge is set aside and the mater is remitted back to the Tribunal for consideration as mentioned above. All parties are permitted to adduce oral and documentary evidence in support of their respective contentions. Parties are directed to appear before the Tribunal on 6.8.08. M.N.KRISHNAN, JUDGE vps MACA No.632/03 3