IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN MONDAY, THE 29TH SEPTEMBER 2008 / 7TH ASWINA 1930 MACA.No. 721 of 2003(D) ----------------------- OPMV.1383/1984 of ADDL.MOTOR ACCIDENT CLAIMS TRIBUNAL, ERNAKULAM AGAINST THE JUDGEMENT/ORDER IN MFA.352/1991 .................... APPELLANT/3RD RESPONDENT: ---------------------------------------------- UNITED INDIA INSURANCE COMPANY LTD., TRICHI NOW REPRESENTED BY ITS ASSISTANT MANAGER, THIRD PARTY CLAIMS CELL, M.G.ROAD, KOCHI-16. BY ADV. SRI.MATHEWS JACOB (SR.) RESPONDENTS/CLAIMANT AND RESPONDENTS 1,2 & 4: ------------------------------------------------------------------------------- 1. BASHEER, S/O. IBRAHIM, HOUSE NO.III/358, CHERALAYI, KADALARIPARAMBU. 2. R.SURENDRAN, S/O. RAGHAVAN, SREENARAYANA VILASAM, MARAYAMUTTOM, PERUMKADA VILLAGE, NEYYATTINKARA TALUK. (DIED) 3. S.AYYAPPAN PILLAI, S/O.P.SABBAKA PILLAI, COMPOUND NEAR S.T.HINDU COLLEGE, BEACH ROAD, NAGERCOIL. 4. M.PEERUKANNAN, S/O.MYTHEEN KANNAN, NADUVILA PUTHEN VEEDU, KALIYIKKAVILA P.O., KANYAKUMARI DISTRICT. *5. SMT. RADHA SURENDRAN, SAJU BHAVAN, MULLARAVILA, PERUMBAZHUTHOOR P.O. *6. SMT. SAJITHA, DO. DO. ADDL. RESPONDENTS 5 AND 6 ARE IMPLEADED AS LEGAL REPRESENTATIVES OF DECEASED 2ND RESPONDENT AS PER ORDER DT. 29.9.2008 IN I.A. 3069/2004 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 29/09/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: M.A.C.A.No. 721/2003 ORDER ON I.A. NO. 2654/2003 IN M.A.C.A.NO. 721/2003 DISMISSED. SD/- M.N. KRISHNAN, JUDGE 29/09/2008 /TRUE COPY/ P.A. TO JUDGE. vkm M.N.KRISHNAN, J. -------------------------- M.A.C.A. No. 721 OF 2003 --------------------- Dated this the 29th day of September, 2008 JUDGMENT This appeal is preferred against the award passed by the Addl. Motor Accident Claims Tribunal, Ernakulam, in OP(MV) 1383/84. The claimant sustained injuries in a road accident and the Tribunal awarded a compensation of Rs.31,800/- and affixed the responsibility on the Insurance Company to pay the amount. The Insurance Company had taken a specific contention that there is no policy coverage for the vehicle. Therefore, it took up that award in appeal before this court as MFA 352/91. A division Bench of this court in judgment dated 8.1.02, set aside the award and remanded the matter to the Tribunal and observed that it is for the driver and owner of the vehicle to prove the coverage of the vehicle involved in the accident during the relevant time. Even thereafter neither the owner nor the driver furnished any particulars regarding the valid coverage of the policy. The claimant filed an application for production of the register. The Insurance Company submitted that it is unable to do so and therefore, the Tribunal jumped at a conclusion that in the absence of that register, there is policy and therefore directed the Insurance Company to pay the amount. 2. I am afraid the approach of the Tribunal is totally erroneous. This court has specifically passed an order whereby it has directed that it is MACA No. 721/03 2 for the owner and driver to prove the insurance coverage. They sit tight and did not appear before the Tribunal to furnish any particulars. There is no point in asking the Insurance Company to produce registers after registers to find out whether there is any policy or not, especially when there are no materials to show what is the policy number, the year of issue etc. I do not find any mistake committed by the Insurance Company in not producing the register. The owner and driver who had the responsibility to produce or supply particulars regarding the policy, had failed to do so. Therefore, it has to be held that they have not discharged their responsibility and the Insurance Company cannot be made liable for the same. Similarly, the Tribunal also went wrong in redetermining the question of compensation when it was not a subject matter at all either in the appeal or in the order of remand. Therefore, the appeal is allowed. The original award fixing the amount of compensation is maintained. The Insurance Company is exonerated from the liability. Respondents 1 and 2 in the claim petition are made jointly and severally liable to pay the compensation within a period of 60 days from the date of receipt of a copy of this judgment. M.N.KRISHNAN, JUDGE vps MACA No. 721/03 3