IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN TUESDAY, THE 30TH SEPTEMBER 2008 / 8TH ASWINA 1930 MACA.No. 1587 of 2005(G) ----------------------- (AGAINST THE AWARD IN O.P.(MV)417/95 OF MOTOR ACCIDENTS CLAIMS TRIBUNAL, IRINJALAKUDA) APPELLANT(S): APPELLANT/IST RESPONDENT. --------------------------------------- PRIYADARSHAN, S/O.SIVARAMAN, KUNNATHOTTATHIL HOUSE, VALIYAPARAMBU KARA, KRUVILASSERY VILLAGE. BY ADV. SRI.T.A.UNNIKRISHNAN RESPONDENT(S): PETITIONER/ADDITIONAL RESPONDENT 2 AND 3. -------------------------------------------------------- 1. OUSEPH, S/O.PORINJU, PULIKKAL HOUSE,ERAVATHOOR KARA, KUZHOOR VILLAGE, MUKUNDAPURAM TALUK. 2. M.SATHEESAN, THAYYADAKARAYIL HOUSE, MATTATHIPARAMBU P.O. CHERTHALA, ALAPPUZHA DISTRICT 3. THE UNITED INDIA INSURANCE CO.LTD., REGIONAL OFFICER, HOSPITAL ROAD, ERNAKULAM. ADV. SRI.THOMAS MATHEW NELLIMOOTTIL FOR R3 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 30/09/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: M.N. KRISHNAN, J. = = = = = = = = = = = = = = M.A.C.A. NO. 1587 OF 2005 = = = = = = = = = = = = = = = Dated this the 30th day of September, 2008. J U D G M E N T This appeal is preferred against the award of the Motor Accidents Claims Tribunal, Irinjalakuda in O.P.(MV)417/95. The claimant sustained injuries in a road accident and the Tribunal awarded him a compensation of Rs.14,000/- and directed respondents 1 and 2 to pay the amount and exonerated the insurance company from the liability on the ground that there is no valid policy. It is against that decision, the driver of the vehicle has come in appeal. 2. Heard counsel for the appellant as well as the insurance company. The learned counsel for the appellant had shown me a photocopy of the policy with Policy No.101302/31/21/11/93/6287 and certificate No.43852293 relating to the vehicle KRA 2152. The said policy is issued in the name of the 2nd respondent for the period from 23.12.93 to 22.12.94. If these documents are true and correct then there is a valid coverage for the vehicle. But the insurance M.A.C.A. 1587 OF 2005 -:2:- company has to verify the same and the appellant has to produce the copy of the same and prove it in accordance with law. Therefore the award under challenge is set aside only for the limited purpose of finding out whether there was a valid insurance coverage for the vehicle involved in the accident on the date of accident. For the purpose the appellant is permitted to file additional written statement showing the number of the policy and also produce the copy of the policy. The insurance company is also permitted to verify and submit before Court regarding the existence of the policy. Parties are directed to appear before the Tribunal on 25.11.08. The MACA is disposed of accordingly. M.N. KRISHNAN, JUDGE. ul/-