IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT:- THE HONOURABLE MR. JUSTICE M.N.KRISHNAN FRIDAY, THE 30TH MAY 2008 / 9TH JYAISHTA 1930 M.A.C.A.No.974 of 2008 ----------------------------------------------- O.P.(M.V).NO.2659/2000 OF MOTOR ACCIDENTS CLAIMS TRIBUNAL, ERNAKULAM (AWARD DATED 1.8.2007) .................... APPELLANT/3RD RESPONDENT:- ------------------------------------------------- NATIONAL INSURANCE CO.LTD., BY ITS REGIONAL MANAGER, REGIONAL OFFICE, MUTHOOT TOWERS, M.G.ROAD, KOCHI. BY ADV. SRI.RAJAN P.KALIYATH SMT.ANUSHA RAMACHANDRAN RESPONDENTS/PETITIONER & RESPONDENTS 1 AND 2:- ---------------------------------------------------------------------------------- 1. MINOR SEJO, AGED 11YEARS (2000), REP. BY HIS NEXT FRIEND AND FATHER XAVIER, AGED 58 YEARS, S/O. VRUKUTTY, 22/93B, ASARIPARAMBU VEETTIL, SEMINARAY ROAD, EDACOCHIN, COCHIN 6. 2. RADHAKRISHNAN,S/O.RAMAKRISHNAN, RAJESH NIVAS, CHIRAKULAM ROAD, PALLURUTHY, COCHIN-6. 3. N.V.JITHESH KUMAR, S/O. VISWAMBHARAN, NIKARATHIL HOUSE, SOUTH OF AMBEDKAR COLONY, THATTAPPILLY POST, NORTH PARAVUR. THIS MOTOR ACCIDENTS CLAIMS APPEAL HAVING COME UP FOR ADMISSION ON 30/05/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:- M.N.Krishnan,J. -------------------------------- M.A.C.A.No.974 of 2008 -------------------------------- Dated, this the 30th day of May, 2008 JUDGMENT This appeal is preferred against the award of the Motor Accidents Claims Tribunal, Ernakulam in O.P.(M.V.).No.2659 of 2002. 2. The Tribunal has awarded a compensation of Rs.15,000/- with 7.5% interest per annum and made the Insurance Company liable. It is against that decision, the Insurance Company has come up in appeal. 3. A perusal of the written statement would show that the Insurance Company has disputed the existence of a valid policy. The Tribunal in para 10 of the award has stated: “R3 has not produced any document evidencing the policy covering the risk”. I feel, what the Tribunal intended was that there is no policy. If it is so, it should not have made the Insurance Company liable for the amount. The matter requires reconsideration and I do not propose to send notice to the other side for the reason that the award has to be set aside so far as it relates to the liability of the Insurance Company is concerned and a fresh look is necessary on account of this mistake. M.A.C.A.No.974 of 2008 - 2 - 4. Therefore, the award passed by the Tribunal, so far as it relates to the liability, is set aside and the question whether the Insurance Company is liable to indemnify the owner on account of the fact of denial of the policy be considered by the Tribunal. Since I am disposing of the appeal at the admission stage, the Tribunal is directed to give notice to the counsel who has appeared for the owner before further proceeding with the matter. The Insurance Company is directed to appear before the Court below on 15th July, 2008. M.N.Krishnan Judge vku/-