IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN FRIDAY, THE 15TH JANUARY 2010 / 25TH POUSHA 1931 MACA.No. 2105 of 2009() ----------------------- OPMV.1845/1995 of MOTOR ACCIDENT CLAIMS TRIBUNAL, ERNAKULAM .................... APPELLANT(S): ADDL.4TH RESPONDENT --------------------------------- THE ORIENTAL INSURANCE CO.LTD. REPRESENTED BY ITS ASSISTANT MANAGER, REGIONAL OFFICE, ERNAKULAM NORTH, KOCHI-18. BY ADV. SRI.GEORGE CHERIAN (THIRUVALLA) RESPONDENT(S): CLAIMANT ----------------------- 1. A.K.ABDUL RAZACK,S/O. ABDUL KAREEM, CHANGALAMOOLAYIL HOUSE,BEHIND OF BHARATH MATHA VOLLEGE, THRIKKAKKARA, B.M.C.P.O., COCHIN - 21. 2. JOSEPH K.C.S/O.CHACKO, KIZHAKKEKATTU HOUSE, NEAR GOVT.HOSPITAL, VAKATHANAM P.O., KOTTAYAM DIST. 3. HARIDAS,S/O. KARUNAKARAN, LAKSHMI VILASAM, MARADU VILLAGE, KANAYANNUR TALUK. R1 BY ADVS. MR.R.SUDHISH, SMT.M.MANJU. THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING COME UP FOR ADMISSION ON 15/01/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss ORDFER ON I.A.NO.2449/2009 IN MACA NO.2105/2009 CLOSED 15/01/2010 SD/- M.N.KRISHNAN, JUDGE /TRUE COPY/ P.A.TO JUDGE Kss M.N. KRISHNAN, J. ........................................... M.A.C.A.No.2105 OF 2009 ............................................. Dated this the 15th day of January, 2010. J U D G M E N T Since the Tribunal has failed to consider the existence of a valid policy, in spite of the specific averments in para-3 of the written statement, it has become necessary to interfere with the order and therefore I do not propose to invite all the parties here and trouble them. But the matter can be considered in their presence before the Tribunal. In the delay petition though notice is served, none had entered appearance. 2. This is the second round of litigation and initially the claim petition was dismissed, but by virtue of my judgment, I remanded the case for fresh consideration and disposal. Thereafter the Tribunal awarded a sum of Rs.18,000/= and made the insurance company - the additional 4th respondent liable for the amount. In para-3 of the additional written statement, the insurance company has given the policy number as well as the date on which it was commenced, i.e., : 2 : from 8.7.1994 to 7.7.1995. The accident had taken place on 5.7.1994. So, the policy - Ext.B1 does not cover the date of accident. But, whether there is any other policy is a matter that has to be considered. Therefore, the award under challenge is set aside so far as it relates to the liability of the insurance company is concerned and the matter is remitted back to the Tribunal with a direction to frame an issue regarding the liability of the insurance company and then permit all concerned to adduce documentary as well as oral evidence in support of their respective contentions and then dispose of the matter in accordance with law. The appellant is permitted to appear before the Tribunal on 23.2.2010. Since I am disposing of the matter at the admission stage itself, the insurance company is directed to take out notice to other parties before further proceeding in the matter. M.N. KRISHNAN, JUDGE : 3 : cl : 4 :