IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN MONDAY, THE 19TH JULY 2010 / 28TH ASHADHA 1932 MACA.No. 1042 of 2010() ----------------------- OPMV.996/2005 of MOTOR ACCIDENT CLAIMS TRIBUNAL, IRINJALAKUDA .................... APPELLANT(S): ------------------------ SUDHAKARAN.V.S.,S/O.SIVARAMAN, VADAKKEVEETTIL HOUSE, VALLIVATTOM PO. BY ADVS. SRI.P.V.BABY, SRI.A.N.SANTHOSH. RESPONDENT(S): RESPONDENTS IN OP(MV): -------------------------------------------------------------------- 1. KRISHNALAL V.R, VELEPARAMBIL HOUSE, VALLIVATTOM PO, KOZHIKKOD DESOM,THRISSUR DISTRICT. 2. SUBASH V.S, S/O.SIVARAMAN, VADAKEVEETTIL HOUSE, VALLIVATTOM PO., THRISSUR DISTRICT. 3. UNITED INDIA INSURANCE CO.LTD IRINJALAKUDA, THRISSUR DISTRICT. THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING COME UP FOR ADMISSION ON 19/07/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss M.N. KRISHNAN, J. ........................................... M.A.C.A.NO.1042 OF 2010 ............................................. Dated this the 19th day of July, 2010. J U D G M E N T This is an appeal preferred against the award of the Claims Tribunal, Irinjalakkuda in OP(MV)No.996/2005. The Tribunal awarded a compensation of Rs.16,300/= and directed the second respondent - driver to pay the amount. 2. I find from the award that the Tribunal has dismissed the claim against the owner for default and excluded the insurance company on the ground that since no award is passed against the owner, it cannot pass order against the insurance company. If the policy is a comprehensive policy, by virtue of the later developments the insurance company is bound to indemnify the owner. These are all matters which should have weighed before rejecting the case against the owner and the insurance company. 3. Therefore I am inclined to dispose of the appeal in the admission stage itself. The award is set aside and the matter is remitted back to the Tribunal with a direction to : 2 : M.A.C.A.NO.1042 OF 2010 permit all concerned to participate in the trial and dispose of the matter in accordance with law. The claimant is directed to take out notice to the owner as well as the insurance company before he enters appearance. The appellant is directed to appear before the Tribunal on 4.9.2010. Disposed of accordingly. M.N. KRISHNAN, JUDGE. cl : 3 : M.A.C.A.NO.1042 OF 2010