IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN TUESDAY, THE 4TH NOVEMBER 2008 / 13TH KARTHIKA 1930 MACA.No. 373 of 2007() ---------------------- OPMV.1264/1999 of MOTOR ACCIDENT CLAIMS TRIBUNAL, MUVATTUPUZHA .................... APPELLANT/IST RESPONDENT -------------------------------------- THE KERALA STATE ROAD TRANSPORT CORPORATION, THIRUVANANTHAPURAM, REPRESENTED BY ITS MANAGING DIRECTOR. BY ADV. SRI.K.PRABHAKARAN, SC, K.S.R.T.C. RESPONDENTS/PETITIONER/RESPONDENTS 2 & 3 ------------------------------------------- 1. RAMACHANDRAN NAIR, S/O.RAMAN NAIR, ENALIL HOUSE, KEEZHILLAM KARA, RAYAMANGALAM VILLAGE, NOW RESIDING AT VATTAPARAMBIL HOUSE, RANDAR, MUVATTUPUZHA VILLAGE. 2. NARAYANAN NAIR, S/O.DAMODARAN NAIR, PADMA NIVAS, VAZHAPPILLY KARA, MUDAVOOR P.O., MUVATTUPUZHA. 3. THE BRANCH MANAGER, NATIONAL INSURANCE COMPANY LTD, TRIVANDRUM. ADV. SMT.SARAH SALVY FOR R.3 SMT.ANEY PAUL FOR R1 SRI.PHILIP J.VETTICKATTU FOR R1 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING COME UP FOR ADMISSION ON 04/11/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: MACA No.373/07 ORDER ON IA NoS. 515/07 & 2242/07 IN MACA No.373/07 DISMISSED 4.11.08 SD/- M.N.KRISHNAN, JUDGE /TRUE COPY/ PA TO JUDGE. M.N.KRISHNAN, J. -------------------------- M.A.C.A No. 373 OF 2007 --------------------- Dated this the 4th day of November, 2008 JUDGMENT This appeal is preferred against the award passed by the Motor Accident Claims Tribunal, Muvattupuzha, in OP(MV) 1264/99. The claimant sustained injuries in a road accident and the Tribunal awarded him a compensation of Rs.86,000/- and the appellant herein is directed to pay the amount. The dispute is whether there was a valid insurance coverage for the KSRTC bus at the time of the accident. Unfortunately, though the Insurance Company was impleaded as a party, it did not enter appearance and therefore the Tribunal directed the KSRTC to deposit the amount. 2. Learned counsel for the KSRTC contends before me that there was a valid coverage for the vehicle at the time of the accident. The certificate of insurance is also produced along with this appeal to indicate the same. The vehicle involved in the accident is bearing Reg. No.KL-15/2931. The accident had taken place on 24.8.99. The period of insurance is from 24.11.98 to 23.11.99 which prima facie indicates that there is a valid coverage for the vehicle. But, no written statement is filed nor the policy has been produced. MACA No. 373/07 2 Therefore, I feel that an opportunity has to be given to the KSRTC to take back the policy produced before this court and produce it before the Tribunal. The Insurance Company is also permitted to file their written statement. The Tribunal shall thereafter hear and dispose of the matter in accordance with law. Since the claimant is deprived of any compensation in spite of having sustained injuries in 1999, the amount that is deposited now by the KSRTC shall be disbursed to the claimant. When it is ultimately found that there is a valid coverage for the vehicle, the said amount shall be paid back to the KSRTC by the Insurance Company and the balance need be paid to the claimant. The Tribunal is directed to dispose of the matter within a time frame of three months from the date of first appearance of the parties. Parties are directed to appear before the Tribunal on 15.12.08 M.N.KRISHNAN, JUDGE vps MACA No. 373/07 3