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. 554 of 2008() -------------------------------- I.A.NO.4461/2004 IN O.P.(MV).NO.946/2004 OF THE MACT, THALASSERY. APPELLANT/3RD RESPONDENT --------------------------------------------- NATIONAL INSURANCE COMPANY LTD., REP. BY ITS ADMINISTRATIVE OFFICER, KOCHI REGIONAL OFFICE, T.P.CELL, M.G.ROAD, ERNAKULAM. BY ADV. SRI.P.R.RAMACHANDRA MENON RESPONDENTS/ PETITIONERS 1 & 2 AND RESPONDENTS 1 & 2 RESPECTIVELY: ----------------------------------------------------------------------------------------------------------------- 1. E.SHAJIL, AGED ABOUT 35 YEARS, S/O.NARAYANAN, ASHA NIVAS, CHALA WEST, THOTTADA P.O. KANNUR DIST. 2. ARUNIMA (MINOR) AGED ABOUT 5 ½ YEARS, S/O.E.SHAJIL, REP. BY FATHER E.SHAJIL, -DO- 3. C.SREEDHARAN, S/O.K.KUMARAN NAIR, II/958, EIPPEN ESTATE QUARTER, NEPPADI P.O., WAYANAD DIST. 4. NAHEESH N.R., S/O.MUKANDAN, ERAYIL HOUSE, CHALA WEST P.O., THOTTADA, KANNUR DIST. BY THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING COME UP FOR ADMISSION ON 13/06/2008,THE COURT ON THE SAME DAY PASSED THE FOLLOWING: M.N.KRISHNAN, J ===================== MACA No.554 OF 2008 ===================== Dated this the 13th day of June 2008 JUDGMENT This appeal is preferred against the award of the Motor Accidents Claims Tribunal, Thalassery in O.P.(MV)No.4461 of 2004. The insurance company has challenged the award on the ground that it is not liable to indemnify the owner and therefore it cannot be directed to deposit the amount. I am informed that the evidence has already begun in the original case and if it is ultimately found that the insurance company is not liable, then a direction can be made in the award for recovery of the amount from the owner. I make it clear that I am not expressing anything on the merits of the case. I also make it clear that the Tribunal shall consider the question and pass appropriate orders. With these observations, MACA is closed. M.N.KRISHNAN, JUDGE Cdp/-