IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN MONDAY, THE 19TH OCTOBER 2009 / 27TH ASWINA 1931 MACA.No. 2135 of 2009(A) ----------------------- OPMV.1197/2005 of MOTOR ACCIDENT CLAIMS TRIBUNAL, KOTTAYAM .................... APPELLANT(S)/RESPONDENT: ----------------------------------- KURIEN V.V., RENCY VILLA MEENADOM,KOTTAYAM DT. BY ADV. SRI.ANTONY V. PAUL PETITIONER/RESPONDENT(S) 1 TO 3: ------------------------------------------- 1. SIKHA BOBAN (MINOR) REPRESENTED BY HER MOTHER SUJA MATHEW, KANIAMPOIKA HOUSE KOLLAM KAVALA, KOLLADU, KOTTAYAM DT 2. ANIL JOHN @ KOCHUMON VADAYIL HOUSE,NALKAVALA, POOVAN THURUTHU PANACHIKADU, KOTTAYAM. 3. THE ORIENTAL INSURANCE COMPANY LTD REPRESENTED BY MANAGER DIVISIONAL OFFICE, KOTTAYAM. THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 19/10/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: M.N. KRISHNAN, J. = = = = = = = = = = = = = = M.A.C.A. NO. 2135 OF 2009 = = = = = = = = = = = = = = = Dated this the 19th day of October, 2009. J U D G M E N T This appeal is preferred against the award of the Motor Accidents Claims Tribunal, Kottayam in O.P.(MV)1197/05. The Tribunal awarded a compensation of Rs.44,655/- and directed the insurance company to pay the amount and get it reimbursed from the first and 2nd respondent by way of revenue recovery proceedings. It is against that decision the 2nd respondent has come up in appeal. 2. Along with the memorandum of appeal as per I.A.2488/09 the claimant has produced a copy of the written statement as well as the copy of the R.C.Book particulars relating to the vehicle in the accident. In paragraph 4 of the written statement it is stated that the vehicle has been transferred by him in favour of one Santhosh C. Abraham on 16.4.2002 and to evidence the same he had produced Annexure A2 and the endorsement on the back of it would reveal that a transfer has been effected on 16.4.2002. The M.A.C.A. 2135 OF 2009 -:2:- accident had taken place on 24.4.2002. So if the vehicle is transferred on 16.4.2002 and it is entered in the records maintained by the registering authority, Kottayam then one has to find out the correctness of the same and for that purpose impleadment of that person is absolutely necessary. Here there is no valid driving licence and therefore the question of reimbursement come into play and the Court has necessarily to decide who is the owner of the vehicle under S.2(30) of the M.V.Act. A person in possession also can be an owner. Here if Ext.A2 is genuine, by the records of the registering authority, Kottayam he is not the owner for the said period but it is Sri.Santhosh C. Abraham. It is submitted in the written statement that these documents were produced with written statement but unfortunately it is not seen marked and most probably that has led to the wrong decision in the case. Therefore the matter requires reconsideration and without disturbing the quantum of compensation awarded in the case, the question so far as it relates to the ownership of the vehicle is to be satisfied and M.A.C.A. 2135 OF 2009 -:3:- for that the matter is remitted back to the Tribunal with a direction to the present appellant Mr.Kurien to implead Santhosh C. Abraham as the co-respondent and thereafter the Tribunal shall permit all concerned to produce documentary as well as oral evidence in support of their respective contentions and the matter be disposed of in accordance with law. Since the documents produced before this Court is absolutely relevant for a proper determination of the case, the documents produced along with I.A.2488/09 be returned to the appellant on proper application. The appellant is directed to appear before the Tribunal and take out fresh steps to implead Santhosh C. Abraham for the purpose of a proper disposal. The date of appearance is 30.11.2009. M.N. KRISHNAN, JUDGE. ul/-