IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN TUESDAY, THE 19TH AUGUST 2008 / 28TH SRAVANA 1930 M.A.C.A.No. 1569 of 2007(B) ----------------------- OPMV.3468/2000 of MOTOR ACCIDENT CLAIMS TRIBUNAL, THRISSUR .................... APPELLANT/PETITIONER ------------------------------------- RADHAKRISHNAN, S/O. KUTTAN, KOLANGATTU HOUSE, POTAYIL LANE, POTHOLE, THRISSUR. BY ADV. SRI.P.V.CHANDRA MOHAN RESPONDENTS/RESPONDENTS --------------------------------------------- 1. MANOJ GOPI, GOPIKA, 2/396, ADAT, THRISSUR. 2. RAMU, S/O. RAJU KODIKUNNATH, NEAR COLLECTORATE, P.O.AYYANTHOLE, THRISSUR. 3. UNITED INDIA INSURANCE CO. LTD., BRANCH OFFICE, ALENGADAN BUILDING, TANA, IRINJALAKUDA. BY ADV. SRI.P.M.M.NAJEEB KHAN FOR R3 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 19/08/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: M.N. KRISHNAN, J -------------------------- M.A.C.A.No. 1569 OF 2007 ------------------------------------------ Dated this the 19th day of August, 2008 J U D G M E N T This appeal is preferred against the award passed by the Motor Accident Claims Tribunal, Thrissur in O.P(MV) No. 3468/2000. The Tribunal awarded a total compensation of Rs. 22,950/- and directed respondents 1 and 2 to pay the same. The claimant has come up in appeal challenging the quantum as well as the direction of the Insurance Company in exonerating the Insurance Company from the total liability. So far as the quantum is considered, I had perused the award and satisfied, it is only a reasonable amount. Therefore the same is not disturbed. 2. The main contention is that the direction by the Tribunal exonerating the Insurance Company from the total liability is incorrect. It is submitted that admittedly the claimant is a third party and when there is a breach of policy condition, a direction must be given to the Insurance Company to pay the amount to the third party and get it reimbursed from the owner. It has to be stated that owner has not contested the case before the court M.A.C.A.No. 1569/2007 -2- below. The owner has challenged the award passed against him. The Apex Court in the decision reported in National Insurance Company Ltd. v. Swaran Singh in 2004(1) KLT 781 is held that in a case that a third party is involved, the Insurance Company shall be directed to pay the amount and get it reimbursed from the owner from the breach of the policy conditions. The Tribunal has directed the respondents 1 and 2 to pay the amount. Therefore such a direction requires interference. 3. In the result, M.A.C.A is disposed of as follows: The finding of quantum is confirmed and the direction of the Tribunal exonerating the Insurance Company from the liability is set aside. Respondent Insurance Company is directed to deposit the amount due under the award and get it reimbursed from the 1st respondent, the owner of the vehicle from the breach of policy conditions by executing the same award. Therefore M.A.C.A. is disposed of accordingly. M.N. KRISHNAN, JUDGE. vkm