IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN THURSDAY, THE 10TH DECEMBER 2009 / 19TH AGRAHAYANA 1931 MACA.No. 2631 of 2009(D) ----------------------------- (AGAINST THE AWARD IN O.P.(MV) 347/06 Of MOTOR ACCIDENTS CLAIMS TRIBUNAL, PERUMBAVOOR) APPELLANT(S): 1ST RESPONDENT --------------------------------------- NASSEER, S/O. HYDROSE, AGE 35, PALAKKAL HOUSE, VAYALKARA, KUNNUKARA P.O. BY ADV. SRI.V.S.CHANDRASEKHARAN RESPONDENT(S): PETITIONER & RESPONDENTS ---------------------------------------------------------- 1. NIYAS, S/O. MUHAMEDALI, AGED 25 YEARS, RESIDING AT 'ALAPPATTU HOUSE, EAST VELIYATHUNADU,KARUMALLOOR VILLAGE. 2. NIYAS,S/O. SAIDU MUHAMMED VAZHELIPARAMBIL HOUSE, VAYALKARA, KUNNUKARA P.O. 3. UNITED INSURANCE COMPANY LTD., HOSPITAL JUNCTION, ALUVA. ADV. SMT.S.JAYASREE FOR R3 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 10/12/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: M.N. KRISHNAN, J. = = = = = = = = = = = = = = M.A.C.A. NO. 2631 OF 2009 = = = = = = = = = = = = = = = Dated this the 10th day of December, 2009. J U D G M E N T This appeal is preferred against the award of the Motor Accidents Claims Tribunal, Perumbavoor in O.P.(MV)347/06. This case along with another case was tried jointly and the claimant herein was awarded a compensation of Rs.39,620/- and respondents were jointly and severally directed to pay the amount and it was further held that since there is no evidence of any fitness certificate for the lorry the insurance company is entitled to recover it from the owner of the vehicle on satisfaction of the award. It is against that decision the first respondent, namely the owner has come up in appeal. 2. Heard the learned counsel for the appellant as well as counsel for the respondent, Insurance Company, Smt.Jayasree. It is true that the respondents 1 and 2 in the Court below had not entered appearance at all and in spite of notice they did not produce the fitness certificate as well. M.A.C.A. 2631 OF 2009 -:2:- Now it is contended that he had transferred the vehicle in favour of one Hamsa and secondly that there was a valid fitness certificate for the vehicle from 4.7.05 to 3.7.06 and photocopy of the agreement of sale and the document issued as a fitness certificate is made available before me for perusal. If the fitness certificate is correct then it appears that on the date of accident there was a valid fitness certificate for the vehicle. But these are all matters which has to be proved in accordance with law. Therefore I am inclined to grant an opportunity to the owner to file a written statement, to produce documents and adduce evidence in support of his contentions. 3. Needless to say the insurance company is also permitted to file additional written statement, if any, and produce documents in support of its contentions and thereafter let the matter be decided in accordance with law. 4. The junction of the claimant need not be insisted for the reason that the insurance company is directed to pay and get it reimbursed. Since the matter requires M.A.C.A. 2631 OF 2009 -:3:- reconsideration at the hands of the Tribunal further proceedings of reimbursement from the owner shall be kept in abeyance till a final decision is taken in the matter. Parties are directed to appear before the Tribunal on 14.1.2010. M.N. KRISHNAN, JUDGE. ul/-