IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.N.RAMACHANDRAN NAIR & THE HONOURABLE MR. JUSTICE C.K.ABDUL REHIM WEDNESDAY, THE 3RD JUNE 2009 / 13TH JYAISHTA 1931 MACA.No. 262 of 2006() ---------------------- OPMV.765/2001 of MOTOR ACCIDENT CLAIMS TRIBUNAL, MUVATTUPUZHA .................... APPELLANT(S): APPELLANTS ------------------------ 1. SHAMSUDHEEN, S/O.MAKKAR, KUNNEKUDIYIL HOUSE, PAIMATTOM P.O., MANIKINAR. 2. ALIYAR.M.A, MANGALATHU PARAMBIL HOUSE, PAIMATTOM P.O., MANIKINAR. BY ADV. SRI.K.A.JALEEL SRI.T.T.MUHAMOOD SRI.P.M.MANASH RESPONDENTS/PETITIONER&3RD RESPONDENT: --------------- 1. SHAJI JOSEPH, S/O.JOSEPH, PACKAL HOUSE, PAINGATTOOR, KULAPPURAM, KOTHAMANGALAM. 2. THE BRANCH MANAGER, THE NEW INDIA ASSURANCE COMPANY LIMITED, MUVATTUPUZHA. ADV. SRI.LAL GEORGE FOR R2 SMT.ANEY PAUL FOR R1 SRI.PHILIP J.VETTICKATTU FOR R1 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 03/06/2009, ALONG WITH MACA NO.2157 OF 2005, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: C.N.RAMACHANDRAN NAIR & C.K.ABDUL REHIM, JJ. .................................................................... M.A.C.A. Nos.262 of 2006 & 2157 of 2005 .................................................................... Dated this the 3rd day of June, 2009. JUDGMENT Ramachandran Nair, J. Both the appeals arise from the award of the MACT granting compensation to the claimant, but exonerating the Insurance Company from liability as there was no valid policy. We have heard counsel appearing for the appellants in both cases and Standing Counsel for the Insurance Company. 2. Since cheque issued towards premium amount was dishonoured, there was no valid policy and so much so, MACT rightly exonerated the Insurance Company. Consequently owner and driver of the lorry were rightly held liable as the accident was found to be caused by the negligence of the truck driver. On going through the award and after hearing the parties, we find that the compensation 2 awarded is quite reasonable and therefore, no enhancement is called for. Consequently both the appeals fail and are dismissed. C.N.RAMACHANDRAN NAIR Judge C.K.ABDUL REHIM Judge pms