IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN FRIDAY, THE 12TH MARCH 2010 / 21ST PHALGUNA 1931 MACA.No. 1144 of 2006() ----------------------- OPMV.1100/1998 of MOTOR ACCIDENT CLAIMS TRIBUNAL, PERUMBAVOOR .................... APPELLANT:-4TH RESPONDENT: --------------------------------------------------- THE NEW INDIA ASSURANCE COMPANY LTD., NOW REPRESENTED BY ITS ADMINISTRATIVE OFFICER, REGIONAL OFFICE, M.G. ROAD, KOCHI-11. BY MR.MATHEWS JACOB, SENIOR ADVOCATE RESPONDENT(S): PETITIONER AND RESPONDENTS 1 & 2: ---------------------------------------------------------------------------------------- 1. OMANA, W/O. APPUKUTTAN, THONDIKKUDY HOUSE, VANJASSERY BHAGOM, VENGOLA, VIA. PERUMBAVOOR. 2. JAGADEEP, S/O. GOKUL, 'GOKULAM', VENNALA KARA, EDAPPALLY NORTH VILLAGE. 3. G.R.KURUP, `ASWATHY', 36/2634, CHURCH ROAD, KALOOR,KOCHI-17. (NO RELIEFS ARE CLAIMED AGAINST THE 3RD RESPONDENT IN THE ORIGINAL PETITION AND HENCE THEY ARE NOT MADE PARTIES IN THIS APPEAL). THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 12/03/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss ORDER ON I.A.NO.NO.1281/2006 IN MACA NO.1144/2006 DISMISSED 12/03/2010 SD/- M.N.KRISHNAN, JUDGE /TRUE COPY/ P.A.TO JUDGE Kss M.N. KRISHNAN, J. ........................................... M.A.C.A.No.1144 OF 2006 ............................................. Dated this the 12th day of March, 2010. J U D G M E N T This appeal is preferred against the award of the Claims Tribunal, Perumbavoor in OP(MV)No.1100/1998. The claimant, who sustained injuries in a road accident, moved an application for compensation and the tribunal has awarded her a compensation of Rs.11,900/= and directed the 2nd respondent and the additional 4th respondent to pay it jointly and severally. The additional 4th respondent, being the insurance company, was directed to produce the cheque. It is against that decision, the claimant has come up in appeal. 2. Heard the learned counsel for the appellant and others have not entered appearance. The short question to be determined is whether New India Assurance Company is liable to pay the amount or not. Originally the claimant impleaded the Oriental Insurance Company by giving the number of the policy and the Oriental Insurance Company contended that the said policy number relates to the period : 2 : M.A.C.A.No.1144 OF 2006 from 15.6.1996 to 14.6.1997 with reference to a motor cycle KL-7J-7734. Thereafter without giving any particulars, New India Insurance Company was impleaded. It had entered appearance and filed a written statement contending that the policy particulars are not available and it had denied existence of the policy. 3. The learned tribunal for the reasons best known to it, proceeded as if the vehicle is covered by the policy issued by the additional 4th respondent and affixed liability on the appellant. Absolutely there is no evidence to prove that the vehicle was insured with the additional 4th respondent in the claim petition. Therefore finding of the tribunal that the vehicle was validly insured with the additional 4th respondent is without any basis and liable to be set aside and I do so. 4. In the result, the appeal is allowed and the finding of the tribunal that the additional 4th respondent is liable to pay the amount is set aside and it is totally exonerated from the liability. It is made clear that the claimant can proceed against respondents 1 and 2 in the claim petition : 3 : M.A.C.A.No.1144 OF 2006 jointly and severally for realisation of the amount. If any amount is deposited by the insurance company, let it be reimbursed to the insurance company on appropriate application. Disposed of accordingly. M.N. KRISHNAN, JUDGE cl : 4 : M.A.C.A.No.1144 OF 2006