IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN THURSDAY, THE 1ST OCTOBER 2009 / 9TH ASWINA 1931 MACA.No. 236 of 2009() ---------------------- OPMV.1360/2005 of MOTOR ACCIDENT CLAIMS TRIBUNAL, OTTAPALAM .................... APPELLANT(S): 3RD RESPONDENT ---------------------------- UNITED INDIA INSURANCE COMPANY LTD, MANNARKKAD NOW REPRESENTED BY ITS DEPUTY MANAGER, REGIONAL OFFICE, "SHARANYA",HOSPITAL ROAD, KOCHI-11. BY ADV. SRI.MATHEWS JACOB, SENIOR ADVOCATE SRI.P.JACOB MATHEW RESPONDENT(S): PETITIONER AND RESPONDENTS 1 & 2 ----------------------------------------------- 1. SAIDALAVI, S/O.HAMZA,PUTHENPEEDIKA HOUSE THENKARA.P.O,MANNARKKAD TALUK. 2. SADIKK, S/O.MOHAMMEDALI, KAROOKKEL KIZHAKKEKARA HOUSE, CHIRAPPADAM, THENKARA.P.O, MANNARKKAD TALUK. 3. SAID NAVAS, S/O.VEERANKUTTY, VALLAPPUZHA HOUSE, THENKARA.P.O, MANNARKKAD TALUK. ADV. SRI.K.ANAND FOR R1 & R2 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 01/10/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: M.N. KRISHNAN, J ----------------------------------- M.A.C.A. NO. 236 OF 2009 ------------------------------------------ Dated this the 1st day of October, 2009. JUDGMENT This is an appeal preferred against the award of the Motor Accidents Claims Tribunal, Ottapalam in OP(MV) No.1360 of 2005. The claimant sustained injuries in a road accident and the tribunal awarded a compensation of Rs.29,100/- and directed the insurance company to pay the amount. Challenging the liability the insurance company has come up in appeal. The learned counsel for the insurance company would submit before me that they had taken a contention in the written statement that the vehicle is covered only by an act only policy. They had not produced copy of the policy which disabled the tribunal from considering the question of coverage. It is true that if it is an act only policy in all probability unless there are conditions the dictum laid down in Tilak Sings case will apply (United India Insurance Company Ltd., V Tilak Singh 2006 (2) KLT 884 (SC)). But what are the conditions etc. are all matter of evidence and the tribunal has also observed it is unable to M.A.C.A. NO. 236 OF 2009 2 consider that question for the reason that the policy was not before the court. Therefore, the limited purpose of deciding the question of interse liability between the owner and the insurance company and the entitlement of the claimant to get compensation from the insurance company, I set aside that finding and remit the case with a direction to permit all concerned to produce documentary as well as oral evidence in support of their respective contentions regarding the policy and its conditions and dispose of the matter in accordance with law. I feel that insurance company has to take notice to the owner at least for the reason that ultimately it will affect his right. Parties are directed to appear before the tribunal on 20.11.2009. M.N.KRISHNAN,JUDGE pm