IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN MONDAY, THE 2ND FEBRUARY 2009 / 13TH MAGHA 1930 MACA.No. 2712 of 2008() ----------------------- OPMV.327/2000 of MOTOR ACCIDENT CLAIMS TRIBUNAL, KOZHIKODE .................... APPELLANT(S): PETITIONER ------------------------ AJMAL, AGED 21 YEARS, S/O.ALIKOYA, RESIDING AT CHOOLAMPADAM PARAMBA KOLATHARA POST, NEAR SARADA MANDIRAM, KOZHIKODE. BY ADVS. SRI.V.S.CHANDRASEKHARAN SMT.PRAISHEEL PRAKASAM SMT.BEATRICE FERIA RESPONDENT(S): RESPONDENTS -------------------------- 1. K.V.SANJEEV, S/O.K.V.HAMZA, KODUVAYAKKAL HOUSE, KALIKAVU POST, MALAPPURAM. 2. V.ABDUL GAFOOR, S/O.KOYA, AGED 23 YEARS, VADAKKEKARA HOUSE, KALIKAVU AMSOM, KALLARUPA DESOM, VADAKKEKARA POST, KOZHIKODE. 3. UNITED INDIA INSURANCE CO.LTD., BRANCH OFFICE, MANJERI, MALAPPURAM. THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 02/02/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: M.N. KRISHNAN, J ----------------------- M.A.C.A.No. 2712 OF 2008 --------------------------------- Dated this the 2nd day of February, 2009 JUDGMENT This is an appeal preferred against the award of the Principal Motor Accident Claims Tribunal, Kozhikode in O.P.(MV) No.327/2000. This is a classical case which would prove, how proceedings are conducted before a Motor Accident Claims Tribunal. The claimant, a minor is alleged to have sustained injuries in a road accident being knocked down by a car. As usual, the respondents other than the Insurance company do not appear. One Abdul Gafoor was impleaded in the party array as a driver. Later by virtue of an I.A. 3015/2004 he was deleted from the party array. The Insurance Company filed a written statement contending that the vehicle was insured by one Vijayan and not by R1. They also supplied the policy particulars in their written statement dated 24.11.2003. Even then that person was not impleaded. So there is neither a driver nor a proper owner of the vehicle. Now the claimant wants to get compensation from the Insurance Company. I feel being an application under Section 166 of the Motor Vehicles Act, the question of negligence has to be proved by the claimant M.A.C.A. 2712/2008 -2- for which proper driver must be a party. Insurance Company is only bound to indemnify the owner and so the proper owner also should be in the party array. Absolutely no steps taken. Less said about the things better, I do not propose to give any more opportunities in these type of cases because it is now increasing day by day. Therefore appeal is dismissed but without costs. M.N. KRISHNAN,JUDGE vkm