IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN MONDAY, THE 28TH JUNE 2010 / 7TH ASHADHA 1932 MACA.No. 2177 of 2008() -------------------------------- OPMV.1266/2002 of MOTOR ACCIDENT CLAIMS TRIBUNAL, PUNALUR ..................................... APPELLANT(S): -------------- M.REGHUNATHA PILLAI POOVANPOIKA VADAKKATHIL, NEELESWARAM P.O. KOTTARAKKARA. BY ADV. SRI.PREMCHAND R.NAIR RESPONDENT(S): --------------- 1. NANUKUTTAN, S/O.CHANDRAN, AGE 38, MANUBHAVAN, THALACHIRA, CHAKKUVARAKKAL VILLAGE, KOTTARAKKARA. 2. RAMACHANDRAN PILLAI REJENDRA BHAVAN, EZHUKONE. 3. NATIONAL INSURANCE COMPANY LTD KOTTARAKARA BRANCH, KOTTARAKARA,KOLLAM DISTRICT. ADV. SRI.SAJU.S.A FOR R1 SRI.MATHEWS JACOB, SENIOR ADVOCATE FOR R3 SRI.P.JACOB MATHEW FOR R3 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 28/06/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: sou. M.N. KRISHNAN,J ---------------------- M.A.C.A. No. 2177 OF 2008 ----------------------------------- Dated this the 28th day of June, 2010 J U D G M E N T This is an appeal preferred against the award of the claims Tribunal, Punalur in O.P.(MV).1266/02. The claimant sustained injuries in a road accident and the tribunal has awarded a compensation of Rs.39,278/- and exonerated the Insurance company from the liability and directed the owner to pay compensation. It is against that decision the 1st respondent in the claim petition has come up in appeal. 2. Heard the learned counsel for the appellant as well as insurance company. 3. The insurance company was exonerated from the liability on the ground that the policy relating to the period from 26.3.2002 to 25.3.2003 alone was produced where as accident had taken place on 29.1.2002. Now the learned counsel for the appellant by resorting to the provisions under Right to Information Act, had obtained information from the Insurance company namely, National Insurance Company and it is seen that there was a policy issued for the period from 19.2.2001 to 18.2.2002 with MACA. No.2177/08 2 reference to Engine number and chassis number DV.100519. It is seen that the vehicle number is not mentioned there. But if the registration number of the vehicle tally with engine number for which registration is issued it may have to be stated that there was a valid policy on the date of the accident. But it requires registration particulars, engine number and therefore the matter requires reconsideration by the tribunal. Therefore the award under challenge is set aside so far it relates to the interse liability of the owner and insurance company are concerned and the matter is remanded back to tribunal with a direction to permit all concerned to produce both documentary as well as oral evidence in support of their respective contentions and then the matter be disposed of in accordance with law. Since notice to the claimant is dispensed with, he may be also given a notice from the tribunal by the appellant namely, the first respondent. The parties are directed to appear before the tribunal on 27.7.2010. M.N. KRISHNAN, JUDGE. Sou.