IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HON'BLE THE ACTING CHIEF JUSTICE MR. J.B.KOSHY & THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH THURSDAY, THE 18TH DECEMBER 2008 / 27TH AGRAHAYANA 1930 MACA.No. 3027 of 2008 --------------------------------- (AGAINST THE AWARD DTD. 19/09/2008 IN O.P.(MV).NO.679/2004 OF THE M.A.C.T., KASARAGOD). ...................... APPELLANT/ 2ND RESPONDENT: ------------------------------------------------ B.ABDULRAHMAN, S/O. P.S.KUNHI, VALLAM VEEDU, H.NO.7/399 PUTHIGE, BADOOR VILLAGE, POST BADOOR, KUMBALA, KASARAGOD DISTRICT. BY ADV. SRI.K.P.HARISH. RESPONDENTS: ----------------------- 1. CHANIYA NAIK.P.(SINCE DEAD) R/AT PERDANE, MAIRE VILLAGE AND POST, KASARAGOD TALUK, KASARAGOD DISTRICT. 2. SARASWATHI, AGED 68 YEARS, W/O. KRISHNA NAIK, R/AT PERDANE, MAIRE VILLAGE AND POST, KASARAGOD TALUK, KASARAGOD DISTRICT. 3. SARASWATHI, AGED 29 YEARS, W/O. LATE CHANIA NAIK P,R/AT PERDANE, MAIRE VILLAGE AND POST, KASARAGOD TALUK, KASARAGOD DISTRICT. 4. SHARATH CHANDRA, AGED 6 YEARS (MINOR), REPRESENTED BY GUARDIAN MOTHER, SARASWATHI (3RD RESPONDENT). 5. DIKSHITH KUMAR .P, AGED 3 YEARS (MINOR), REPRESENTED BY GUARDIAN MOTHER, SARASWATHI (3RD RESPONDENT). M.A.C.A. NO. 3027/2008: 6. MUHAMMAD SALEEM, S/O.P.ABDULRAHMAN, VALLAM VEEDU, H.NO.7/399 PUTHIGE, BADOOR VILLAGE AND POST, KUMBALA, KASARAGOD DISTRICT. 7. THE BRANCH MANAGER, UNITED INDIA INSURANCE CO.LTD, COMMERCIAL COMPLEX, M.G.ROAD, KASARAGOD, KASARAGOD DISTRICT. BY THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING COME UP FOR ADMISSION ON 18/12/2008,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: prv. J.B.KOSHY,Ag.C.J & THOMAS P. JOSEPH, J. -------------------------------------- M.A.C.A.No.3027 of 2008 ------------------------------------- Dated 18th December, 2008 JUDGMENT Koshy,Ag.C.J . The original claimant sustained injuries in a motor accident. He claimed compensation from the owner and insurer of the offending vehicle. The original claimant died during the pendency of the proceedings and his legal representatives were impleaded. Tribunal awarded Rs.6,94,000/= as compensation but exonerated the insurance company from liability and directed the owner and driver to deposit the amount. Owner of the offending vehicle filed this appeal contending that his vehicle No.KL 14 4373 was covered with valid insurance policy at the time of the accident. The policy produced would show that it expired on 12.6.2004. It was renewed only on 16.6.2004. The accident occurred on 13.6.2004. Therefore, there was no valid insurance policy on the date of the accident. Appellant contended that he had approached the office of the insurance company for renewal of the policy on 12.6.2004 evening itself, but, it was a Saturday and he was asked to come on next Monday. By that time, accident occurred. If there was any fraudulent act on the part of the insurance company and policy was not issued, it is for the appellant to file a suit for damages. Here, there MACA.3027/2008 2 was no policy at the time of the accident and we are not considering the story now put forward by the appellant that he had approached the insurance company for renewing the policy and they did not accept the same, etc. Even cover note was not issued and no payment was made on 12.6.2004 for covering the vehicle. On 13.6.2004 his vehicle was not covered with valid insurance policy. Therefore, we agree with the Tribunal. The appeal is dismissed. J.B.KOSHY ACTING CHIEF JUSTICE THOMAS P. JOSEPH JUDGE tks