IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN WEDNESDAY, THE 2ND JULY 2008 / 11TH ASHADHA 1930 MACA.No. 1243 of 2008(D) ------------------------------------ OP(MV) 745/2002 of MACT, IRINJALAKUDA .................... APPELLANT/PETITIONER IN OP(MV) : ----------------------------------------------------- YOUSEPH, S/O.KANNAMKATTIL MOHAMMED, KARUMATHRA DESOM AND VILLAGE MUKUNDAPURAM TALUK BY ADV. SRI.P.V.BABY SRI.A.N.SANTHOSH RESPONDENTS/RESPONDENTS IN OP(MV) : -------------------------------------------------------------- 1. P.K.ANTO, S/O.PAZHAYATTIL KUNJUVARKEY, KUZHIKKATTUSSERY 2. THE ORIENTAL INSURANCE CO.LTD., 303 305 BALARAMA HOUSE, 3RD FLOOR, OPP.MILAN CINEMA KARAMPURA, NEW DELHI THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING COME UP FOR ADMISSION ON 02/07/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: M.N.KRISHNAN, J. -------------------------- M.A.C.A. No. 1243 OF 2008 --------------------- Dated this the 2nd day of July, 2008 JUDGMENT This appeal is preferred against the award passed by the Motor Accident Claims Tribunal, Irinjalakuda, in OP(MV) 745/02. the claimant has preferred this appeal mainly on the ground that the Insurance Company is exonerated from the liability. 2. Learned counsel would contend that there was a valid policy with the Oriental Insurance Company, which was valid from 8.3.01 to 7.3.02. The accident had taken place on 13.2.02. The vehicle was originally bearing registration No.DL-7/C-32 which is registered in Kerala as KL-8/S 9471. If really there is a valid policy, the matter requires reconsideration at the hands of the Tribunal. I am informed that the photocopy of the policy is already produced before the Tribunal. I do not want to detain this case here for the reason the matter can be reconsidered by the Tribunal after giving notice to the Insurance Company so that the dispute can be finally resolved without much delay. Therefore the award under challenge is set aside to the extent of exonerating the liability of the Insurance Company and the MACA No.1243/08 2 appellant is given an opportunity to adduce evidence and produce sufficient documents to establish the factum of insurance coverage. Since I am disposing of the matter at the admission stage itself, on appearance of the appellant before the Tribunal at his expense notice shall be given to the Insurance Company. After hearing all concerned, the matter shall be disposed of by the Tribunal in accordance with law. The appellant is directed to appear before the Tribunal on 7.8.08. M.N.KRISHNAN, JUDGE vps MACA No.1243/08 3