IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN FRIDAY, THE 12TH DECEMBER 2008 / 21ST AGRAHAYANA 1930 MACA.No. 1878 of 2006() ---------------------------------- OPMV.338/2001 of MOTOR ACCIDENT CLAIMS TRIBUNAL, N.PARAVUR .................... APPELLANT/IST RESPONDENT IN OP(MV) ------------------------------------------------------------- THE MANAGING DIRECTOR, KERALA STATE ROAD TRANSPORT CORPORATION, THIRUVANANTHAPURAM. BY ADV. SRI.SAJEEVKUMAR K.GOPAL, SC, KSRTC SRI.K.PRABHAKARAN, SC, K.S.R.T.C. RESPONDENTS/PETITIONERS 2 TO 6 AND RESPONDENTS 2&3 OP(MV) (1ST PETITIONER IN OP(MV) DIED) ----------------------------------------------------------------------------------------------------- * 1. FATHIMA, W/O.IMBICHI KOYA, KALAPALLATH HOUSE, MANJALY P.O., MANNAM, PARUR, KARUMALLOOR VILLAGE. * 2. NISHATH, D/O.IMBICHI KOYA, DO. DO. * 3. MANOJ, S/O.IMBICHI KOYA, DO. DO. 4. K.K.MOHAMMED, S/O.KUNJUMARAKKAR, DO. DO. (* DIED) 5. AISHA BEEVI, DO. DO. (* DIED) * R1 TO R3 ARE RECORDED AS THE LEGAL REPRESENTATIVES OF THE DECEASED R4 AND R5 IN MEMO DATED 09/12/2008, AS PER ORDER DATED 12/12/2008 IN MACA 6. STANLY, S/O.LAZAR, KUTTUKKARAN HOUSE, ERAVU, ERAVU VILLAGE, THRISSUR DISTRICT. 7. THE UNITED INDIA INSURANCE CO. LTD., BRANCH OFFICE NO.1, KANNANKERI ESTATE, SHANMUGHAM ROAD, ERNAKULAM, KOCHI-31. ADV. SRI.P.V.JYOTHI PRASAD FOR R7 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 12/12/2008,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Rs/ M.N.KRISHNAN, J ===================== MACA No.1878 OF 2006 ===================== Dated this the 12th day of December 2008 JUDGMENT This appeal is preferred against the award of the Motor Accidents Claims Tribunal, N.Paravur in O.P.(MV)No.338 of 2001. There was a collision between a motor cycle and a KSRTC bus, as a result of which the claimant sustained injuries. The KSRTC did not contest the case before the court below. On the basis of the materials available, the Tribunal held that the accident took place on account of the negligence of the KSRTC driver, fixed the compensation at Rs.44,500/- and directed the KSRTC and its driver to pay the amount and exonerated the insurance company of the motor cycle from the liability. The appeal is preferred by the KSRTC and the sole contention is with respect to the insurance coverage of the KSRTC. They have filed I.A.No.3442 of 2008 to receive a document which would show that the vehicle involved in the accident was insured with the National Insurance Company and the policy was valid for the period from 18.12.2000 to 17.12.2001. But, unfortunately as the KSRTC did not implead the National Insurance Company, and so the liability was cast on the KSRTC MACA 1878/2006 -:2:- and its driver. If really, the vehicle is insured, the insurance company is bound to indemnify the owner. Therefore, the interest of justice requires that opportunity is to be given to the KSRTC to implead the National Insurance Company as a party to the proceeding and then the Tribunal is directed to find out the validity of the insurance coverage, and then pass appropriate orders. The question of awarding interest with respect to the award amount by the National Insurance Company may also be considered because they cannot be blamed for the reason as they had not been impleaded as a party and it was not on account of their negligence delay had been occasioned. Therefore the award under challenge is set aside for the limited purpose of impleading the National Insurance Company and to ascertain the correctness of the policy. The negligence as well as the quantum remains confirmed and so it goes without saying that United India Insurance Company is not a necessary party now. The KSRTC can file an impleading petition. Parties are directed to appear before the Tribunal on 19.1.2009. MACA is disposed of accordingly. M.N.KRISHNAN, JUDGE Cdp/- MACA 1878/2006 -:3:-