IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN THURSDAY, THE 8TH OCTOBER 2009 / 16TH ASWINA 1931 MACA.No. 946 of 2009(E) ---------------------- OPMV.2355/2004 of MOTOR ACCIDENT CLAIMS TRIBUNAL, KOZHIKODE .................... APPELLANT(S): 1ST RESPONDENT ---------------------------- C.PRAVEENKUMAR, S/O GOPINATHAN NAIR, NANDANAM HOUSE, P.O.ELATHUR, PAVANGAD, KOZHIKODE. BY ADV. SRI.P.NARAYANAN RESPONDENT(S): PETITIONER AND RESPONDENTS ----------------------------------------- 1. P.T.SUNILKUMAR, S/O.KARUNAN, POYIKKAL THAZHATH HOUSE, P.O.EDAKKAD, KUNDUPARAMBU, KOZHIKODE DT. 2. UNITED INDIA INSURANCE CO.LTD., DIVISIONAL OFFICE NO.2, P.B.NO.192, SEEMA TOWER, MAVOOR ROAD, KOZHIKODE. ADV. SRI.T.J.LAKSHMANAN IYER FOR R2 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 08/10/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: M.N. KRISHNAN, J. = = = = = = = = = = = = = = M.A.C.A. NO. 946 OF 2009 = = = = = = = = = = = = = = = Dated this the 8th day of October, 2009. J U D G M E N T This appeal is preferred against the award of the Motor Accidents Claims Tribunal, Kozhikode in O.P.(MV)2355/04. The claimant was awarded a compensation of Rs.25,000/- and the Tribunal exonerated the insurance company from the liability. The exoneration was on the ground that there was no valid policy. Along with the appeal a copy of the policy showing the Engine No. etc. had been produced and it is contended that the vehicle in question was having valid policy from 25.8.2003 to 25.8.2004. If really this policy is there and as the date of accident is 21.7.2004 it will cover the vehicle. But whether this engine number shown in the policy is the engine number of the vehicle involved etc. are all matters which are to be proved and the insurance company should also be given an opportunity to explain regarding the whole thing. Therefore the award under challenge is set aside and the matter is remitted back to the M.A.C.A. 946 OF 2009 -:2:- Tribunal with permission to the owner, claimant and the insurance company to produce documentary as well as oral evidence in support of their respective contentions and then dispose of the matter in accordance with law. Parties are directed to appear before the Tribunal on 21.11.2009. M.N. KRISHNAN, JUDGE. ul/-