IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN TUESDAY, THE 17TH AUGUST 2010 / 26TH SRAVANA 1932 MACA.No. 1802 of 2008() ----------------------- OPMV.631/2001 of MOTOR ACCIDENT CLAIMS TRIBUNAL, IRINJALAKUDA APPELLANT/ 3RD RESPONDENT:- ---------------------------------------- NATIONAL INSURANCE COMPANY LTD., BRANCH OFFICE, IRINJALAKUDA. BY ADV. SRI.RAJAN P.KALIYATH RESPONDENTS/PETITIONER & R1 & R2: --------------------------------------------- 1. SALEESH, S/O THARAYIL CHANDRAN, POST PALAKKADPARAMBU, VIA, ALAGAPPA NAGAR, THRISSUR DISTRICT. 2. PAULSON,S/O LONAPPAN, CHERTHALAN HOUSE, ALAGAPPA NAGAR, THRISSUR. 3. PAUL, S/O LONAPPAN, PONTHENLAVE HOUSE, POST ERAVAKADU, THRISSUR DIST. ADV. SRI.P.V.CHANDRA MOHAN FOR R1 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVINGCOME UP FOR ADMISSION ON 17/08/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: M.N. KRISHNAN, J. = = = = = = = = = = = M.A.C.A. No. 1802 OF 2008 = = = = = = = = == = DATED THIS, THE 17TH DAY OF AUGUST, 2010. J U D G M E N T This is a appeal preferred against the award of the Motor Accidents Claims Tribunal, Irinjalakuda, in O.P.(MV) 631/2001. 2. The claimant, employed in a brick factory, while standing on the road side, was hit by a motor cycle bearing Reg. No. KL 8 K 9669 driven by the second respondent. The learned Tribunal awarded a sum of Rs. 48,088/- and directed the Insurance Company to pay the amount. This appeal is filed by the Insurance Company, challenging the finding regarding the existence of a valid policy. It is submitted that the policy was issued with respect to Vehicle No. KL 8 K 9662 and it is contended by the Insurance Company that it is a good vehicle having a seating capacity of three passengers and valid from 11.12.1999 to 10.12.2000. The policy is issued in the name of one Mr. K.K. Shaji. Now we find from the records available here that the owner of the vehicle is one Paulson and there was a policy issued by the National Insurance Company, which was valid up to 18.12.2001. The said policy is not forthcoming in this case. So the question is whether the policy issued relates to the motor cycle involved in the accident or the goods MACA 1802/2008 2 vehicle. It can easily be found because the chassis number, engine number etc. are available in the copy of the policy. If it can be connected with the particular vehicle, then there will be the end of it and the court can find the fact that whether there was a valid policy or not. Similarly, a chance can be taken to summon the owner also, so that he can be directed to produce the registration certificate as well as the insurance policy. Therefore, the matter requires reconsideration. 3. The award under challenge is set aside and the matter is remitted back to the Tribunal with a direction to permit all concerned to adduce all oral evidence as well as documentary evidence in support of their contentions and dispose of the matter in accordance with law. The parties are directed to appear before the court below on 24.9.2010. M.N. KRISHNAN, (JUDGE) KNC/-