IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE A.K.BASHEER & THE HONOURABLE MR. JUSTICE P.Q.BARKATH ALI THURSDAY, THE 10TH FEBRUARY 2011 / 21ST MAGHA 1932 MACA.No. 2737 of 2009() ----------------------- OPMV.1972/1994 of MOTOR ACCIDENT CLAIMS TRIBUNAL, ATTINGAL .................... APPELLANT(S): 1ST RESPONDENT ---------------------------- M/S.MIDLAND RUBBER AND PRODUCE CO.LTD., PERUNADU P.O., PATHANAMTHITTA,REPRESENTED BY ITS GENERAL MANAGER CILBERT D'SOUZA. BY ADV. SRI.E.K.NANDAKUMAR SRI.A.K.JAYASANKAR NAMBIAR SRI.K.JOHN MATHAI SRI.P.BENNY THOMAS SMT.THUSHARA JAMES RESPONDENT(S): ------------- 1. S.SOBHANA, W/O. P.BHASI, CHEENVILA VEEDU ERATTACHIRA, PULIMATH P.O. (VIA) KILIMANOOR, THIRUVANANTHAPURAM DISTRICT. 2. B.S.SAJAN, S/O. BHASI, CHEENVILA VEEDU, ERATTACHIRA, PULIMATH P.O., KILIMANOOR, THIRUVANANTHAPURAM. 3. B.S. SAJANA, D/O. P. BHASI, CHEENVILA VEEDU, ERATTACHIRA, PULIMATH P.O., KILIMANOOR, THIRUVANANTHAPURAM. 4. P.BHASI, S/O. PRABHAKARAN, P.B.NO.17390, AL-ANI ABUDABI, U.A.E. NOW RESIDING AT CHEENVILA VEEDU, ERATTACHIRA, PULIMATH P.O. KILIMANOOR, THIRUVANANTHAPURAM. 5. THE NEW INDIA ASSURANCE CO.LTD. DIVISIONAL OFFICE, KOTARATHIL, BUILDING ANNEX, PALAYAM, THIRUVANANTHAPURAM. ADV. SRI.NAGARAJ NARAYANAN FOR R1-3 SRI.SAIJO HASSAN FOR R1-3 SRI.A.S.SABU FOR R1-3 SRI.BENOJ C AUGUSTIN FOR R1-3 SRI.PRATHAP PILLAI FOR R1-3 SRI.P.MURALEEDHARAN FOR R5 SRI.SATHISH NINAN FOR ADDL.R5 SRI.SANTHOSH MATHEW FOR ADDL.R5 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING COME UP FOR ADMISSION ON 10/02/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: A.K. Basheer & P.Q. Barkath Ali, JJ. - - - - - - - - - - - - - - - - - - - - - - - - - - - - M.A.C.A. No. 2737 of 2009 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 10th day of February, 2011 Judgment Basheer, J: This appeal is directed against the award dated September 19, 1998 passed by the Motor Accidents Claims Tribunal in a petition filed under Section 166 of the Motor Vehicles Act. 2. A young child lost his life in a road traffic accident which led to the filing of the Claim Petition. The Tribunal awarded a sum of Rs.77,000/- with 12% interest towards compensation to the legal representatives of the deceased child and directed the appellant, the registered owner of the offending vehicle, to make the payment. The Insurance Company which was impleaded in the claim petition was exonerated for the reason that there was no valid policy coverage at the time of the accident in respect of the offending vehicle. 3. It is on record that the appellant-Company filed a review petition before the Tribunal with a contention that at the time of the accident it was not the owner of the vehicle. But the review petition was dismissed. The said order passed by the Tribunal was challenged before this Court in MACA.2737/2009. : 2 : a writ petition which also ended up in dismissal. It is thereafter that this appeal has been preferred with a delay of 3954 days. 4. Since respondent No.5 Insurance Company is not admittedly a necessary party, it is deleted. 5. The case of the appellant appears to be that as on the date of the accident viz., April 21, 1994 the offending vehicle did not belong to it. According to the appellant, the said vehicle had been transferred to additional respondent No.6 in this appeal on March 17, 1994 itself. It is true that additional respondent No.6 who was impleaded later has admitted that as on the date of the accident the vehicle stood in his name. But he has raised a specific contention that his vehicle was not involved in any accident as alleged by the appellant. 6. Be that as it may; additional respondent No.6 has assessed that as on the date of the accident the vehicle was covered under a valid insurance policy issued by M/s. National Insurance Company. It is thus contended by additional respondent No.6 that even assuming any liability had arisen for the owner to pay compensation, it has to be MACA.2737/2009. : 3 : borne by the said Insurance Company. When this contention was taken up by additional respondent No.6 this Court had directed the appellant to implead M/s. National Insurance Company in this appeal because of the anxiety to ensure that the legal representatives of the deceased child would get the benefit of the decree at the earliest. But today when the case is taken up, we are informed that the appellant has not taken any steps to implead the said Insurance Company. 7. It may at once be noticed that appellant- Company did not bother to appear before the Tribunal when notice was served on it. If only the appellant had appeared and brought to the notice of the Tribunal about the factum of transfer of the vehicle, all this delay could have been avoided. As has been noticed already, the award was passed by the Tribunal in favour of the legal representatives of the deceased way back in 1998. Till date the fruits of the decree have not been made available to the claimants. 8. Sri.Ramu, learned counsel for the appellant made a persuasive plea before us to grant the appellant an opportunity to adduce necessary evidence before the MACA.2737/2009. : 4 : Tribunal by impleading all the proper parties to substantiate its case. But in our view the appellant has to necessarily pay the price for its laches and indifference. 9. Therefore the appellant will get an opportunity to prosecute its case before the Tribunal on condition that it deposits 50% of the award forthwith before the Tribunal for disbursement to the claimants, along with the amount of Rs.25,000/- deposited by the appellant under the First Proviso to Section 173(1) of the Act. 10. Appellant shall also pay a sum of Rs.15,000/- as cost to the claimants. The cost shall be deposited before the Tribunal within two weeks from the date of receipt of a copy of this judgment. 11. It will be open to the appellant to implead the necessary parties and produce all other relevant documents, if so advised. Additional respondent No.6 shall also be entitled to adduce evidence and implead all necessary parties. 12. The parties shall appear before the Tribunal on March 16, 2011. 13. The Tribunal shall dispose of the case as MACA.2737/2009. : 5 : expeditiously as possible at any rate within three months from the date of receipt of a copy of this judgment. The Tribunal shall release the amounts referred to above to the claimants. It is made clear that the payments that are now being made by the appellant except cost, shall be subject to the final award to be passed by the Tribunal. Appeal is disposed of in the above terms. A.K. Basheer Judge. P.Q. Barkath Ali Judge. an.