IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE J.B.KOSHY & THE HONOURABLE MRS. JUSTICE K.HEMA MONDAY, THE 31ST MARCH 2008 / 11TH CHAITHRA 1930 MFA.No. 1337 of 2001(C) ----------------------- OPMV.3772/1994 of MOTOR ACCIDENT CLAIMS TRIBUNAL, MANJERI .................... APPELLANT: ---------------- K.T.CHEKKUNNI, S/O.K.T.KUNHIMOHAMMED @ MANU HAJI, (P.O) WANDOOR, MALAPPURAM DISTRICT. BY ADV. SRI.P.RAVINDRAN RESPONDENTS: --------------------- 1. KYNOTE KUNHIMOHAMMED, AGED 30 YEARS, S/O.MOIDEENKUTTY HAJI, (TOTALLY INCAPABLE BY REASON OF MENTAL INFIRMITY) REPRESENTED BY NEXT FRIEND GUARDIAN MOTHER MULLATHODI AYISHAKUTTY, POOKULATHIL HOUSE, POOKOTTUR AMSOM, VALLUVAMBRAM DESOM, ERNAD TALUK, MALAPPURAM DISTRICT. 2. K.G.JEEJO, AGED NOT KNOWN, S/O.GEORGE K.S., KOYIKKAL HOUSE, MARUTHANGAD, CHOCKAD P.O. NILAMBUR (VIA), MALAPPURAM DISTRICT, (DRIVER OF KLL 3705 JEEP). 3. UNITED INDIA INSURANCE COMPANY LIMITED, BRANCH OFFICE, MALAPPURAM CERTIFICATE NO.312936, POLICY NO; 101001/004/31/6/01/312936/93. 4. MANAKKADAVAN KUNHUTTY @ ANAS BIN NASSEERBAN, S/O.MOIDEENKUTTY, MELAKKAM, MANJERI P.O. (DRIVER KL 11A 3104 MOTOR CYCLE). 5. V.MUSTHAFA, S/O.K.ABDULLAKOYA, MAIMOONA MANZIL, KARUVALLIPARAMBA, MEENCHANTHA, NALLAM P.O., CALICUT DT. (OWNER OF MOTOR CYCLE KL-11A 3104). 6. NATIONAL INSURANCE CO. LTD., BRANCH OFFICE, P.B.NO.529, TALI ROAD, CALICUT.P.O. POLICY NO.570301/31/93/00295. BY ADV. SRI.P.CHANDRASEKHAR SRI.THOMAS MATHEW NELLIMOOTTIL SRI.K.M.SATHYANATHA MENON SMT.SARAH SALVY THIS MISC. FIRST APPEAL HAVING BEEN FINALLY HEARD ALONG WITH MFA.18 OF 2002 ON 31/03/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: J.B.KOSHY & K.HEMA,JJ. ----------------------------------------- M.F.A.No.1337 of 2001 & M.F.A.No.18 of 2002 ----------------------------------------- Dated this the 31st day of March, 2008 JUDGMENT Koshy, J. Appellant in MFA.18 of 2002 sustained injuries in a motor accident while he was travelling as a pillion rider and suffered serious injuries. The Tribunal awarded an amount of Rs.8,53,000/-. The Tribunal also found that the accident occurred due to the negligence of the driver of the jeep (first respondent) and directed the first and second respondent to deposit the amount. The Tribunal also found that there was no valid policy at the time of accident. The owner of the vehicle filed MFA.1337 of 2001. It is his case that finding of negligence of the driver of the vehicle is not correct and it was contended that his vehicle was transferred to the first respondent, his driver before the accident and also produced Exhibit P2 agreement of sale. It is further contended that the policy was valid till the midnight on 29.5.1994. The accident occurred on 1.5.1994 and therefore, there is no valid insurance policy. But Exhibit P3 shows that the policy was taken on 30.3.1993 and valid MFA.1337/01 & 18/02 2 till the midnight on 29.4.1994 and it was not valid thereafter. It is contended that the policy was not attested by the Manager. But, we note that being the owner of the vehicle the original of the policy was with him. He could not produce the original of the policy. Driver was also present. Neither he nor his driver alleged transferee to whom the vehicle was stated to be transferred did not produce the original of the policy. They also did not file application for summoning the original document from the Insurance Company. The policy produced shows that the insurance policy was not valid on the date of accident as it was already expired with effect from 29.4.1994. Therefore, as there was no valid policy on the date of accident, the Insurance Company was correctly exonerated from liability. 2. Even though it was argued that vehicle was transferred, the Tribunal correctly found that Exhibit B2 receipt was a fabricated document. We note that the second respondent, who filed M.F.A.No.1337 of 2001 was the registered owner of the vehicle at the time of accident. The fact that he took the vehicle on kaichit from the police station as seen from Exhibit X2 document support the finding that he was the actual owner of the vehicle on the date of accident. No acceptable evidence was adduced to show that he transferred the vehicle to his driver before the date of accident. The MFA.1337/01 & 18/02 3 Honourable Supreme Court in T.V.Jose v. Chacko P.M. Alias Thankachan and others (AIR 2001 SC 3939) held that the registered owner cannot be exonerated from the liability to pay compensation to the third party. The quantum of compensation is not disputed in the appeal. The claimant also filed appeal contending that the amount awarded should be allowed to recovered from the Insurance Company. But there was no valid insurance at the time of accident. Therefore, the Insurance Company cannot be made liable for the payment of compensation awarded by the Tribunal. In the above circumstances, both the appeals are dismissed. J.B.KOSHY, JUDGE K.HEMA, JUDGE vgs. MFA.1337/01 & 18/02 4 J.B.KOSHY & K.HEMA, JJ. ------------------------------ M.F.A.No.1337 of 2001 & M.F.A.No.18 of 2002 ------------------------------ JUDGMENT 31.3.2008