IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.N.RAMACHANDRAN NAIR & THE HONOURABLE MR. JUSTICE HARUN-UL-RASHID MONDAY, THE 3RD NOVEMBER 2008 / 12TH KARTHIKA 1930 MACA.No. 646 of 2005(B) ----------------------- OPMV.857/1997 of MOTOR ACCIDENT CLAIMS TRIBUNAL, THODUPUZHA .................... APPELLANT(S): APPELLANT/PETITIONER ---------------------------------- SAVY @ FRANCIS ZAVIER, S/O.JOHN, MANICOMPEL HOUSE, YENDAYAR P.O.KOKKAYAR VILLAGE, IDUKKI DISTRICT. BY ADV. SRI.SHAJI THOMAS PORKKATTIL RESPONDENT(S): --------------- 1. A.J.JOSEPH, S/O.JOSEPH, AYYALLOOR HOUSE, THAMPALAKADU P.O. 2. PRAKASH, S/O.NARAYANAN, ATTUPURAMBOKIL HOUSE, KALLAPPALAM BHAGOM, MUNDAKKAYAM KARA,MUNDAKKAYAM VILLAGE. 3. THE ORIENTAL INSURANCE COMPANY LTD., REP. BY ITS BRANCH MANAGER, PONKUNNAM AT KANJIRAPALLY, KANJIRAPPALLY P.O. ADV. SRI.A.R.GEORGE FOR R3 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 03/11/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: C .N. RAMACHANDRAN NAIR & HARUN-UL-RASHID, JJ. -------------------------------------------- M.A.C.A. No. 646 OF 2005 -------------------------------------------- Dated this the 3rd day of November, 2008 JUDGMENT Ramachandran Nair,J. Appeal is filed for enhancement of compensation granted to the appellant and also for fixing liability on the insurance company which disowned the policy. We have heard counsel appearing for the appellant and standing counsel appearing for the third respondent. It is seen that the appellant who suffered fracture was treated in the Medical College Hospital, Kottayam. Even though in the police case, details of the insurance policy are stated, MACT found that there is no proof of valid insurance policy. However, appellant's case is that shifting of office of the insurance company from Ponkunnam to Kanjirappally has led to the problem. If there is a valid policy then insurance company is liable to pay compensation, no matter the registered owner and driver have not filed appeal. Since appellant has further case that other details, such as medical bills, etc. could not be produced before the 2 MACT, we set aside the award of the MACT with direction to MACT to reconsider the matter after giving opportunity to the appellant to produce documents, including medical bills, and also to the insurance company to produce policy and adduce evidence in the matter. Tribunal will pass fresh award within four months from the date of production of a copy of this judgment by the appellant. Appeal is allowed as above. (C.N.RAMACHANDRAN NAIR) Judge. (HARUN-UL-RASHID) Judge. kk 3