IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN FRIDAY, THE 14TH NOVEMBER 2008 / 23RD KARTHIKA 1930 MACA.No. 1797 of 2008(A) --------------------------------- OPMV.1103/2001 of MOTOR ACCIDENT CLAIMS TRIBUNAL, TRIVANDRUM .................... APPELLANT/3RD RESPONDENT : -------------------------------------- THE NEW INDIA ASSURANCE CO. LTD., REGIONAL TOWERS, KANDAMKULATHU TOWERS, M.G. ROAD, ERNAKULAM, REPRESENTED BY ITS DULY AUTHORISED OFFICER. BY ADV. SRI.VPK.PANICKER RESPONDENTS/1ST & 2ND RESPONDENTS & PETITIONER : ------------------------------------------------------------------------ 1. SILVESTER PERERA, S/O. CRUZ PERERA, LILLY COTTAGE, K.P XIII/961-A, KAZHAKKOOTAM.P.O, THIRUVANANTHAPURAM. 2. KARAN KUMAR, S/O. DIVAKARAN, NEDUMOMKOTTUKONAM PUTHEN VEEDU, EDACAUD, NEMOM, THIRUVANANTHAPURAM. 3. EDWIN EBANEESAR, S/O. CHARALS, VARNATHUKARI VEEDU, REMESWARAM WARD, AMARAVILA, NEYYATINKARA, THIRUVANANTHAPURAM. ADV. SRI.CHRISTUDAS STEPHENSON - R3 SMT.REENA.C.STEPHENSON - R3 SRI.T.MADHU - R2 SRI.B.K.RAJAGOPAL - R2 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 14/11/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING : MACA.No. 1797 of 2008(A) ORDER ON I.A.NO.2166 OF 2008 IN M.A.C.A.NO.1797 OF 2008 DISMISSED 14.11.2008 SD/- M.N.KRISHNAN, JUDGE -TRUE COPY- P.A. TO JUDGE pac M.N. KRISHNAN, J ----------------------- M.A.C.A.No. 1797 OF 2008 --------------------------------- Dated this the 14th day of November, 2008 JUDGMENT This appeal is preferred against the award of the Motor Accident Claims Tribunal, Thiruvananthapuram in O.P.(MV) No.1103/2001. The claimant sustained injuries in a road accident and the Tribunal awarded a compensation of RS. 35,000/-. Aggrieved by that decision, the Insurance Company has come up in appeal. It is the contention of the Insurance Company that it has not issued any policy with respect to the vehicle at the time of the accident. The Tribunal referred to the contents in the charge sheet and held that there was a valid policy. The Tribunal noted that the insured was not alive and no additional parties are impleaded. In a case of this nature one has to understand the scope of the role to be played by the Insurance Company. The Insurance Company is bound to satisfy the award passed against the owner of the vehicle only on account of the terms of contract entered into between the insurer and the insured. Suppose an award is passed without the owner on the party array or without the owner who is dead, then one cannot say that there is a legal award passed against the owner M.A.C.A.No. 1797/2008 -2- in such cases. When there is no such legal award passed, then the question of enforcibility of that award by directing the Insurance Company to pay the amount also will not be proper. So the Tribunal has to understand the importance of impleadment of the owner and in case of his death, the impleadment of the legal representatives of the owner for the reason that in order to have an effective award there must be legal award passed against the owner. It is so because as per Section 149 of the Motor Vehicles Act, the Insurance Company can have only limited defenses. If an owner enters appearance and contests the case, the scope of contentions of the Insurance Company are narrowed down by the provisions of the Act. Therefore it was absolutely necessary on the part of the Tribunal to direct the legal representatives of the deceased owner to be impleaded for a proper adjudication of the case. The award passed against a dead person and when it is directed to be satisfied by the Insurance Company is invalid in the eye of law and therefore it has to be set aside. Therefore the award under challenge is set aside. The matter is remanded back to the Tribunal with a direction to direct the claimants to implead the legal representatives of the deceased owner, then reconsider the M.A.C.A.No. 1797/2008 -3- question of the validity of the policy or the existence of a policy on the date of the accident and dispose of the matter in accordance with law. In case, the claimant does not appear before the Tribunal, the Insurance Company is directed to give notice to the claimants and the court may, in appropriate case, permit them to implead the legal representatives of the owner. The parties are directed to appear before the court on 27.12.2008. M.N. KRISHNAN,JUDGE vkm