IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE J.B.KOSHY & THE HONOURABLE MR. JUSTICE K.M.JOSEPH TUESDAY, THE 15TH JANUARY 2008 / 25TH POUSHA 1929 MFA.No. 1139 of 2002() ---------------------- OPMV.275/2000 of MOTOR ACCIDENT CLAIMS TRIBUNAL, OTTAPALAM .................... APPELLANTS: PETITIONERS IN THE O.P(MV)NO.275/00: ----------------------------------------------- 1. MUHAMMED, S/O. POKKER. 2. AYISHAKUTTY UMMA, W/O. 1ST APPELLANT. 3. BEEVIKUTTY, D/O. 1ST APPELLANT. 4. SAJITHA, D/O. -DO- -DO-. 5. MUJIB RAHMAN, S/O. 1ST APPELLANT. 6. MUSTHAFA, S/O. -DO- -DO-. (APPELLANT 1 TO 6 RESIDING AT KOLOTH PARAMBIL HOUSE, KALLADIPATTA POST, MOLLOORKARA DESOM, ONGALLUR PANCHAYATH, OTTAPALAM TALUK, PALAKKAD DISTRICT). BY ADV. SRI.P.G.PARAMESWARA PANICKER SRI.SANTHEEP ANKARATH RESPONDENTS: RESPONDENTS IN O.P(MV) NO.275/2000: ------------------------------------------------ 1. T.M.IZAHAK, S/O. THEEN MOHAMMED, THEEN MOHAMMED HOUSE, KALLADIPATTA POST, ONGALLOOR, OTTAPALAM TALUK, PALAKKAD DISTRICT. 2. C.M.ABDULLAKUTTY, CHEMBALAKATTIL, KARIKKAD POST, KADAVALLUR, THRISSUR DISTRICT. 3. THE ORIENTAL INSURANCE COMPANY LIMITED, DIVISIONAL OFFICE, T.H.TOWERS MARKET ROAD, MUVATTUPUZHA-686 673. MFA1139/2002 4. M.SURA, S/O. BALAN, MACHANGALATH HOUSE, CHOVANNUR POST, THALAPILLY TALUK. BY ADV. SRI.P.VIJAYA BHANU SRI.M.GEORGE THOMAS SRI.T.C.GOVINDA SWAMY SRI.MANNATIL KUMAR SMT.D.HEERA SRI.V.R.DHEERAJ SRI.GEORGE CHERIAN (THIRUVALLA) THIS MISC. FIRST APPEAL HAVING BEEN FINALLY HEARD ON 15/01/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: J.B.KOSHY & K.M.JOSEPH, JJ. ------------------------------------------- M.F.A.NO.1139 OF 2002 ------------------------------------------- Dated this the 15th day of January, 2008 JUDGMENT KOSHY, J. Cleaner of a lorry suffered fatal injury when a lorry bearing registration No.KL1-2383 due to the negligent driving of the driver of the vehicle hit a building. The deceased cleaner was only aged 21. He was unmarried. Therefore, the Tribunal awarded compensation taking 14 as the multiplier considering the age of parents and the total compensation amount awarded was Rs.2,24,000/-. We are of the opinion that just and reasonable compensation was awarded by the Tribunal. However, the question is who should pay the amount? It has come out in evidence that the lorry was insured only up to 19.2.2000 and on the date of the accident, i.e., on 20.2.2000, it was not an insured vehicle. Therefore, the Tribunal exonerated the third respondent insurance company from paying the same. We agree with the above contention. Then the question who was the registered owner? The second respondent filed a statement that he transferred the vehicle on 12.5.1999. But no oral evidence or documentary evidence was adduced by him. In the statement MFA1139/2002 2 filed by respondent No.1, he stated that he was employed by the first respondent. In the above circumstances, the entire liability was imposed to R1, the driver of the vehicle. The registered owner cannot escape the liability to 3rd party. 2. In the above circumstances, we remand the matter to the Tribunal for finding the liability on the owner also. The driver, R2 and R4 etc are allowed to adduce evidence. The Tribunal shall also summon the registration particulars from the R.T.O. to find out who was the registered owner at the time of the accident and who was the actual owner of the vehicle. Driver and owner are jointly and severally liable to pay the compensation. In this connection, the Tribunal also bear in mind the principle initiated by the Supreme Court in Dr.T.V.Jose vs. Chacko P.M.@Thankachan and others (AIR 2001 SC 3939). The parties may appear before the Tribunal on 25.3.2008. With the above directions this appeal is allowed by way of remand. J.B.KOSHY, JUDGE K.M.JOSEPH, JUDGE csl