IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.PADMANABHAN NAIR WEDNESDAY, THE 12TH MARCH 2008 / 22ND PHALGUNA 1929 MFA.No. 155 of 1996() --------------------- OPMV.611/1989 of MOTOR ACCIDENT CLAIMS TRIBUNAL, PATHANAMTHITTA .................... APPELLANT/2ND RESPONDENT: ----------- K.RAJU, THEKKEDATH VALAVU, KAYATHIL VEEDU, PATHRICKAL, PATHANAPURAM. BY ADV. SRI.V.G.ARUN SRI.T.R.HARIKUMAR RESPONDENTS/PETITIONER AND RESPONDENTS 1 AND 3: ------------- 1. T.N.MOHANAKUMAR, KUZHIKATTU PURAYIDATHIL VETOOR MURI, PRAMADOM, ELAKOLLOOR, VIA, KONNI, PATHANAMTHITTA. 2. M.M.JOJU, POWETHU PUTHEN VEEDU, NADUKUNNU, PATHANAPURAM P.O. 3. THE MANAGER, NATIONAL INSURANCE COMPANY LIMITED, THIRUVALLA BRANCH, THIRUVALLA. ADDL.R4 IMPLEADED: BRANCH MANAGER, ORIENTAL INSURANCE COMPANY, KOTTARAKKARA - IS IMPLEADED AS ADDL.R4 AS PER ORDER DATED 4.3.2008 ON IA NO.233/2008. R1 BY ADV. SRI.G.JANARDHANA KURUP (SR.) R3 BY ADV. SRI.GEORGE CHERIAN (THIRUVALLA) THIS MISC. FIRST APPEAL HAVING COME UP FOR ADMISSION ON 12/03/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K. PADMANABHAN NAIR ,J. ------------------------------------------------- M.F.A.No.155 of 1996 ------------------------------------------------- Dated, this the 12th day of March, 2008 JUDGMENT The owner of an ambassador taxi car bearing registration No.KEE 8899 is the appellant in this appeal. The vehicle met with an accident on 21.2.1989 and the passengers in the vehicle including the first respondent sustained injuries. First respondent had filed O.P.(MV) No.611/1989 before the Motor Accidents Claims Tribunal, Pathanamthitta impleading the appellant and driver as well as National Insurance Company, Thiruvalla Branch as the insurer. The contention raised by the appellant was that he sold the vehicle to one Thomas Yohannan and he took a policy in the name of appellant from the National Insurance Company after issuing a cheque. It was also contended that the appellant also took a policy for the very same vehicle from Oriental Insurance Company who is impleaded as the additional fourth respondent in this appeal. Oriental Insurance Company was not impleaded in the O.P.(MV). Initially the Tribunal found that National Insurance Company was liable to pay compensation. The National Insurance Company filed I.A.No.560/1993 for review of the award. The same was allowed finding that the cheque issued was dishonoured and the policy was cancelled. Tribunal found that the insurer has no liability to indemnify the insured and directed the appellant to pay the entire compensation. Challenging that award this appeal is filed. 2. Learned counsel for the appellant submits that one Prakash who was MFA No.155/1996 2 also travelling in the very same vehicle sustained injuries and succumbed to injuries. His legal representatives filed O.P.(MV) No.609/1989 claiming compensation. In that case Thomas Yohannan, the transferee as well as Oriental Insurance Company was impleaded. In the above case Tribunal itself found that third respondent National Insurance Company is not liable to indemnify the insured but at the same time the fourth respondent Oriental Insurance Company is liable to pay the compensation. That award has become final and conclusive. It is submitted that Oriental Insurance Company complied with the directions and did not file any appeal. It is also submitted that the transferees impleaded filed M.F.A.No.1274/1994 before this Court challenging the award passed in O.P.(MV) No.609/1989, in which case the policy issued by the Oriental Insurance Company was produced. A reading of the policy shows that the vehicle was insured with Oriental Insurance Company with certificate No.IZ400/89/3632/ACT, Policy No.42372/1/13/MV/89/3783. In that case this Court modified the judgment by which the alienee was exonerated from liability. It is also submitted that in that case the liability of the Oriental Insurance Company was limited to Rs.50,000/- and balance amount has to be paid by the appellant herein. Counsel for the appellant made available a copy of the judgment passed by this Court in M.F.A.No.1274/1994 on 27.11.2003. A reading of the judgment shows that the Division Bench also confirmed the finding of the Tribunal that the Oriental Insurance Company was liable to pay the compensation to the extent of MFA No.155/1996 3 Rs.50,000/-. So, Oriental Insurance Company is liable to pay Rs.50,000/- and the balance amount by the appellant. In the result, appeal is allowed in part. The findings regarding negligence and quantum of compensation are confirmed. It is ordered that the additional fourth respondent Oriental Insurance Company shall pay Rs.50,000/- with interest. The appellant is liable to pay the balance amount with interest. K. PADMANABHAN NAIR, JUDGE. cks MFA No.155/1996 4 K.PADMANABHAN NAIR, J. M.F.A.No.155 of 1996 JUDGMENT 12th March, 2008.