IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN THURSDAY, THE 21ST AUGUST 2008 / 30TH SRAVANA 1930 MACA.No. 581 of 2007() ---------------------- OPMV.2646/2005 of MOTOR ACCIDENT CLAIMS TRIBUNAL, TRIVANDRUM .................... APPELLANT/3RD RESPONDENT ------------------------------------ THE NEW INDIA ASSURANCE COMPANY LIMITED, THIRUVANANTHAPURAM NOW REPRESENTED BY ITS MANAGER, REGIONAL OFFICE, M.G.ROAD, KOCHI-11. BY ADV. SRI.MATHEWS JACOB (SR.) SRI.P.JACOB MATHEW RESPONDENT: APPLICANT ---------------------- SINDHU, ELLUVILA PUTHEN VEEDU, VILAPPILSALA, THIRUVANANTHAPURAM. (NO RELIEFS ARE CLAIMED AGAINST THE RESPONDENTS 1 & 2 IN THE ORIGINAL PETITION AND HENCE THEY ARE NOT MADE PARTIES IN THIS APPEAL). THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 21/08/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: MACA No. 581/07 2 ORDER ON IA No. 819/07 IN MACA No.581/07 DISMISSED 21.8.08 SD/- M.N.KRISHNAN, JUDGE /TRUE COPY/ PA TO JUDGE. M.N.KRISHNAN, J. -------------------------- M.A.C.A. No. 581 OF 2007 --------------------- Dated this the 21st day of August, 2008 JUDGMENT This appeal is preferred against the preliminary award passed under Section 140 of the Motor Vehicles Act. The claimant alleges that she sustained injuries in an accident involving an autorickshaw bearing registration No.KL-01/AE-8. The Insurance Company has raised the contention that the mandate of Rule 393 has not been complied with and even the first information report is not produced, which is a must under Rule 393 of the Kerala Motor Vehicles rules. It is true that the Tribunal has held that the applicant has complied with the provisions under section 393. But, there is no appendix showing the production of the first information report. So unless it is established that the injury has been sustained on account of the use of a motor vehicle, even section 140 compensation cannot be granted. Therefore, I set aside the preliminary award and direct the Tribunal to reconsider it by directing the applicant therein to produce the necessary documents contemplated under Rule 393 of the Kerala Motor Vehicles Rules for consideration and disposal. The appeal is allowed accordingly. I make it clear that till that time, the amount already deposited shall not be disbursed to the applicant. M.N.KRISHNAN, JUDGE vps