IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.PADMANABHAN NAIR WEDNESDAY, THE 26TH MARCH 2008 / 6TH CHAITHRA 1930 MACA.No. 1640 of 2005() ----------------------- O.P.(MV) NO.541/1999 OF MOTOR ACCIDENTS CLAIMS TRIBUNAL, KOTTAYAM APPELLANT/RESPONDENT NO.2: ------------------------------------------- VIJAYAKUMARY, W/O. RAMACHANDRAN, ASWATHY HOUSE, CHOZHIAKADU, PANACHICKADU, KOTTAYAM. BY ADV. SRI.SURIN GEORGE IPE RESPONDENTS: CLAIMANT & RESPONDENTS 1,3 & 4: -------------------------------------------- 1. P.K. JAYAKUMAR, S/O GOPALAN, PALLIPARAMBIL HOUSE, KOLLAD P.O., PANACHICKADU, KOTTAYAM. 2. SASSENDRAN NAIR, S/O. VELAYUDHAN PILLAI SREEBHADRA HOUSE, CHANNANIKKAD, DO. VILLAGE, KOTTAYAM. 3. SUBASH KUMAR, S/O. THANKAPPAN, SUBASH BHAVAN, OTTAKANJIRAM BHAGOM, PARTHUMPARA KARA, PANACHICKADU VILLAGE, KOTTAYAM. 4. THE NATIONAL INSURANCE CO.LTD., THODUPUZHA. R3 BY ADV. SRI.J.OM PRAKASH R1 BY ADV. C.S.MANILAL R4 BY ADV. SHRI GEORGE CHERIAN (THIRUVALLA) THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 26/03/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K. PADMANABHAN NAIR ,J. ------------------------------------------------- M.A.C.A.No.1640 of 2005 ------------------------------------------------- Dated, this the 26th day of March, 2008 JUDGMENT Heard. Admitted. Advocate Shri C.S.Manilal takes notice for first respondent. Advocate Shri J. Om Prakash takes notice for third respondent and Advocate Shri George Cherian (Thiruvalla) takes notice for fourth respondent. Notice to second respondent is dispensed with and the appeal itself is heard and disposed of. 2. The appellant is the second respondent in O.P.(MV) No.541/1999 on the file of the Motor Accidents Claims Tribunal, Kottayam. First respondent/ claimant filed Original Petition claiming compensation alleging that he sustained injuries in a motor vehicle accident which occurred on 25.3.1998. Respondents 1 and 2 in the Original Petition are stated to be the owners of the vehicle and respondents 3 and 4 are the driver and insurer of the vehicle. Insurer alone contested the matter. Tribunal found that the claimant is entitled to get an amount of Rs.20,000/- as compensation and directed respondents 1 to 3 to pay the amount. It exonerated the insurer from liability. The second respondent has filed this appeal challenging the finding of the Tribunal by which it exonerated the insurer. 3. In the appeal the appellant filed I.A.No.819/2008 to receive an additional document. The additional document produced is a notarized copy of MACA No.1640/2005 2 the insurance policy which was issued in respect of the vehicle involved in the accident. A reading of the policy shows that it was valid from 27.11.1997 to 26.11.1998. The accident occurred during the currency of policy. But the name of the insured as per the policy was one V.M.Ashraf. Considering all aspects of the matter I am of the view that for the limited purpose of considering the liability of the insurer alone the matter has to go back. I do not find any reason to set aside the finding of the Tribunal that the first respondent/claimant sustained injuries in the motor vehicle accident involving the vehicle in question and he is entitled to get Rs.20,000/- as compensation. In the result, appeal is allowed in part. The finding of the Tribunal exonerating the Insurance Company and directing respondents 1 to 3 in the Original Petition to pay compensation alone is set aside and the matter is remanded for reconsideration of that issue alone. The award in all other respects is confirmed. Parties will be given a reasonable opportunity to amend the pleadings or adduce further evidence to prove liability. Parties are directed to appear before the Tribunal on 28.5.2008. K. PADMANABHAN NAIR, JUDGE. cks