IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN FRIDAY, THE 13TH JUNE 2008 / 23RD JYAISHTA 1930 MACA.No. 338 of 2004( D) --------------------------------- OP(MV) 364/1995 ON THE MOTOR ACCIDENT CLAIMS TRIBUNAL, PALA. ..... APPELLANTS/RESPONDENTS 4 AND 5 -------------------- 1. MR.TOMY CYRIAC, AGED 37 YEARS, S/O.JOSEPH CHERIAN, KUNNATHU HOUSE, THELLAKAM, KOTTAYAM. 2. MR.N.M.SHAJI, AGED 43 YEARS, S/O. NARAYANAN, NADUMALAYIL VEEDU, KATTAMPAK, KOTTAYAM. BY ADV. SRI.ALIAS M.CHERIAN RESPONDENTS: CLAIMANT/RESPONDENTS 1 TO 3 AND 6 ------------------------ 1. C.P.RAJANPILLAI, S/O.PARAMESWARAN PILLAI VALLENCHERIYIAL VEEDU, K.S.MANGALAM.P.O., VAIKOM. 2. MR.SREENIVASAN, S/O.RAGHAVAN, VILANGUMPURAYIL, MONIPPALLY VILLAGE, PALA. 3. MR.RAGHAVAN, VILANGUMPURAYIL, MONIPPALLY, KURAVILANGADU, KOTTAYAM. 4. MANAGER, ORIENTAL INSURANCE COMPANY LIMITED, THODUPUZHA, REPRESENTED BY DIVISIONAL MANAGER, KOTTAYAM. 5. ORIENTAL INSURANCE COMPANY LIMITED, KANJIKKUZHI, KOTTAYAM, REPRESENTED BY ITS MANAGER. BY ADV. SRI.P.VIJAYAMMA - R1 SRI.P.J.ANIL KUMAR - R1 SRI.JOSE JOSEPH (MANNAR) - R2 & R3 SRI.JOSHI MATHEW THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 13/06/2008, ALONG WITH MACA. 293 OF 2004 THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: M.N.KRISHNAN, J ===================== MACA No.338 OF 2004 ===================== Dated this the 5th day of September 2008 JUDGMENT This appeal is preferred against the award of the Motor Accidents Claims Tribunal, Kozhikode in O.P.(MV)No.422 of 1994. The first respondent has come up in appeal against the award of the Tribunal whereby the insurance company has been totally exonerated from the liability by virtue of a reviewed award. It is the contention of the first respondent in the claim petition that there is a valid policy for the vehicle. Learned counsel for the insurance company on instructions submits that there is a policy but she has not been given the copy of the policy and therefore if the matter is remanded it can be produced before the Tribunal so as to have a final disposal of the matter. The request appears to be reasonable. Therefore I set aside the award so far as it relates to the fixing of the liability on the owner alone and I direct the insurance company to produce copy of the policy so as to have an effective disposal of the case. Till such a decision is taken, no amount can be recovered from the owner by way of MACA 338/2004 -:2:- revenue recovery proceedings. Parties are directed to appear before the Tribunal on 21.10.2008. MACA is disposed of as above. M.N.KRISHNAN, JUDGE Cdp/-