IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN FRIDAY, THE 27TH JUNE 2008 / 6TH ASHADHA 1930 MACA.No. 649 of 2006() --------------------------------- OPMV.749/1999 of MOTOR ACCIDENT CLAIMS TRIBUNAL, IRINJALAKUDA .................... APPELLANT/PETITIONER IN OP(MV): ------------------------------------------------ SHIJU, S/O. AYYAPPUNNI, MUTHIRAPARAMBIL HOUSE, CHERUVALOOR P.O., MUKUNDAPURAM TALUK, THRISSUR DISTRICT. BY ADV. SRI.P.V.BABY SRI.A.N.SANTHOSH RESPONDENTS/ RESPONDENTS IN OP(MV): -------------------------------------------------------------- 1. M.S. SIRAJ, S/O. SULAIMAN, MATHILAKATH HOUSE, MALA P.O. 2. NARAYANAN, S/O. GOPALAN, PALAKKAPARAMBIL HOUSE, KATHIKUDAM P.O. 3. MANAGER, ORIENTAL INSURANCE CO. LTD., SOUTH JUNCTION, CHALAKUDY. BY ADV. SRI.GEORGE CHERIAN (THIRUVALLA) - R3 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 27/06/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: M.N.KRISHNAN, J ===================== MACA No.649 OF 2006 ===================== Dated this the 27th day of June 2008 JUDGMENT This appeal is preferred against the award of the Motor Accidents Claims Tribunal, Irinjalakkuda in O.P.(MV)No.749 of 1999. The claimant sustained injuries in a road accident. The Tribunal dismissed the application on the ground that the claimant is the owner of the vehicle and therefore he is not covered under the policy. The Tribunal has relied on the documents produced. The first document, viz., the first information statement was given by the claimant to the police wherein he has stated that he was travelling in his auto rickshaw. Then when the vehicle was released it was released in favour of his brother wherein there is a specific recital................................................................................................................. .............To crown all these things in the back of the auto rickshaw the name is written as 'Muthirapparambil' which admittedly is the house name of the petitioner. So the admission in the first information statement and the admission in the released document coupled with the family name of the petitioner on the back of the auto rickshaw conclusively indicates that he is MACA 649/2006 -:2:- the owner of the vehicle. When he is the owner, he is not covered by the policy or liable to be indemnified and therefore I find that the Tribunal was right in dismissing the application and so the appeal is also dismissed without costs. M.N.KRISHNAN, JUDGE Cdp/-