IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE A.K.BASHEER & THE HONOURABLE MR. JUSTICE P.Q.BARKATH ALI WEDNESDAY, THE 14TH JULY 2010 / 23RD ASHADHA 1932 MACA.No. 963 of 2010() ---------------------- OPMV.336/1998 of MOTOR ACCIDENT CLAIMS TRIBUNAL, PALAKKAD .................... APPELLANT(S): 3RD RESPONDENT -------------- UNITED INDIA INSURANCE CO.LTD G.B.ROAD, PALAKKAD. BY ADV. SRI.P.V.JYOTHI PRASAD RESPONDENT(S): PETITIONER & RESPONDENTS 1,2 --------------- 1. H.ABDULLA, AGED 57 YEARS, S/O.HASSAN MOHAMMED, RESIDING AT PALLAN HOUSE, MUTHALAMADA PO, CHITTUR TALUK, PALAKKAD DISTRICT. 2. BASHEER,AGED 35 EYARS, S/O.NOOR MOHAMMED, RESIDING AT NADUPATHY PORA MUTHALAMADA PO, CHITTUR TALUK, PALAKKAD DISTRICT. 3. MOOSA, AGED 52 YEARS, S/O.ABDUL RAHIMAN,RESIDING AT POTHAMPADAM, MUTHALAMADA PO, CHITTUR TALUK, PALAKKAD DISTRICT. THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING COME UP FOR ADMISSION ON 14/07/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: A.K.BASHEER & P.Q.BARKATH ALI, JJ. - - - - - - - - - - - - - - - - - - - - - M.A.C.A.No.963 OF 2010 - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 14th day of July, 2010 JUDGMENT Barkath Ali, J. Appellant is the third respondent Insurance Company in O.P. (MV)No.336/1998 of Motor Accidents Claims Tribunal, Palakkad. First respondent/claimant has sustained the following injuries in a motor accident that occurred on October 2, 1997 : 1) Crush injury with avulsion right side of the head and the face 2) Abrasions right shoulder 3) Abrasion right forearm 4) Abrasion right hand 5) Abrasion dorsum of left wrist and 6) Abrasion right chest. 2. Claiming a compensation of Rs. 5 lakhs, the claimant filed the O.P. under Section 166 of Motor Vehicles Act against respondents 1 to 3 in the O.P. i.e., the owner, driver and insurer of the offending vehicle. The claimant was examined as PW1 and Exts.A1 to A14 were marked on his side before the Tribunal. On the side of the contesting third respondent, Ext.B1 was marked. On an appreciation of evidence, MACA.No.963/2010 2 the Tribunal awarded a compensation of Rs. 2,59,839/- with interest @ 7.5% per annum from the date of petition till realisation and a cost of Rs. 1,000/-. The third respondent/Insurance Company has now come up in appeal challenging the judgment and award of the Tribunal on the ground that the claimant himself was the owner of the offending vehicle in whose name the policy stands and that therefore he is not entitled to any compensation from the appellant. 3. Heard the counsel for the appellant/Insurance Company. No notice was issued to the respondents who are the claimant and respondents 1 and 2 in the O.P., the owner and driver of the offending vehicle as on going through the judgment of the Tribunal, we felt that the appeal can be disposed of even without notice to them. 4. Counsel for the appellant/Insurance Company argued that on the date of accident i.e. on October 2, 1997 the claimant was the registered owner and the policy stands in his name and that therefore, he is not entitled to claim any compensation from the third respondent Insurance Company. 5. We find no substance in the above contention. It is seen MACA.No.963/2010 3 from the award of the Tribunal that the specific case of the claimant was that he has sold the offending auto rickshaw on 11/09/1997 to second respondent in the O.P. under agreement- Ext.A1. The Tribunal has found that the transaction entered as per Ext.A1 is a genuine transaction and that it is not a document created for the purpose of this case. That being so, it is proved beyond doubt that on the date of accident, the owner of the offending auto rickshaw was the second respondent in the O.P. The claimant can only be considered as a third party and consequently will be entitled to compensation from the third respondent Insurance Company. The finding of the Tribunal on this point is confined. Therefore, we find no merit in this appeal and the same is hereby dismissed. A.K.BASHEER, JUDGE P.Q.BARKATH ALI, JUDGE sv. MACA.No.963/2010 4 MACA.No.963/2010 5