IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE A.K.BASHEER & THE HONOURABLE MR. JUSTICE P.Q.BARKATH ALI WEDNESDAY, THE 13TH OCTOBER 2010 / 21ST ASWINA 1932 MACA.No. 341 of 2009() ---------------------- OPMV.3195/2001 of MOTOR ACCIDENT CLAIMS TRIBUNAL, THRISSUR .................... APPELLANT(S): FIRST RESPONDENT -------------- BABY SEBASTIAN, S/O.SEBASTIAN, MALIKKAL HOUSE, NOW R/AT.MAMBILLY HOUSE, KOORKENCHERY, THRISSUR. BY ADV. SRI.S.ANANTHAKRISHNAN SRI.N.K.SUBRAMANIAN RESPONDENT(S): PETITIONER/2ND RESPONDENT --------------- 1. GEO. S/O.KALAPURAKKAL PAUL, R/AT. KALAPURAKKAL HOUSE, ST.PETER'S STREET, T.T.ROAD ANCHERY PO., THRISSUR TALUK. 2. UNITED INDIA INSURANCE COMPANY LTD., DOMBIVILI BRANCH, NATIVE BUILDING, 2ND FLOOR, MANPADA ROAD, DOMBIVILI EAST, MUMBAI. ADV. SRI.T.C.SURESH MENON FOR R1 SRI.A.R.GEORGE FOR R2 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING COME UP FOR ADMISSION ON 13/10/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: A.K.BASHEER & P.Q.BARKATH ALI, JJ. - - - - - - - - - - - - - - - - - - - - - M.A.C.A.No.341 OF 2009 - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 13th day of October, 2010 JUDGMENT Basheer, J. The only question that arises for consideration in this appeal, which is at the instance of the owner cum driver of the vehicle involved in the accident, is whether the Motor Accidents Claims Tribunal was justified in exonerating respondent No.2/Insurance Company from its liability to indemnify the owner of the offending vehicle from paying the compensation. 2. It is brought to our notice that in a connected appeal viz. M.A.C.A.No.2418/2008, this court has already held that the Insurance Company, namely, respondent No.2 herein, would be liable to indemnify the owner keeping in view the policy issued by it in respect of the above vehicle. 3. In that view of the matter, the question posed above will have to be answered in favour of the appellant. We do so. It is held that respondent No.2 shall be liable to pay compensation to the appellant. The appeal is disposed of in the above terms. A.K.BASHEER, JUDGE P.Q.BARKATH ALI, JUDGE sv. MACA.No.341/2009 2 The last sentence in paragraph 3 of the judgment dated 13/10/2010 in M.A.C.A. 341/2009 reading “ It is held that respondent No.2 shall be liable to pay compensation to the appellant” is corrected and substituted as “ It is held that respondent No.2 shall be liable to pay compensation to respondent No.1/claimant” as per order dated 02/11/2010 in I.A.2764/2010 in M.A.C.A.341/2009. Sd/- Registrar ( Judicial) MACA.No.341/2009 2