IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN THURSDAY, THE 18TH DECEMBER 2008 / 27TH AGRAHAYANA 1930 MACA.No. 1929 of 2008(D) ------------------------------- OPMV.149/2000 of MOTOR ACCIDENT CLAIMS TRIBUNAL, NORTH PARAVOOR APPELLANT(S): /FIRST RESPONDENT ---------------------------------------- THE MANAGING DIRECTOR, KERALA STATE ROAD TRANSPORT CORPORATION, THIRUVANANTHAPURAM. BY ADV. SRI.K.PRABHAKARAN, SC, K.S.R.T.C. RESPONDENT(S): PETITIONER & 2ND AND 3RD RESPONDENTS ------------------------------------------------------------------------- 1. BABU.P.P, S/O.PURUSHOTHAMAN, PUZHAKAREDATHU HOUSE, MUTTINAKAM, VARAPUZHA.P.O, PARAVOOR TALUK, ERNAKULAM DISTRICT. 2. S.SAKTHIDHARAN NAIR, S/O.SUKUMARAN NAIR, SARASALAYAM, EDAKKADU.P.O, PANCHACHAL VILLAGE, NEYYATTINKARA, THIRUVANANTHAPURAM DISTRICT. 3. NATIONAL INSURANCE CO.LTD.DIVISIONAL OFFICE, TRIVANDRUM.14, THIRUVANANTHAPURAM DISTRICT. ADV. SRI.G.BALAMURALEEDHARAN (PARAVUR) FOR R1 MATHEWS V. JACOB & NANDAKUMARAN THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 18/12/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: M.N. KRISHNAN, J. = = = = = = = = = = = = = = M.A.C.A. NO. 1929 OF 2008 = = = = = = = = = = = = = = = Dated this the 18th day of December, 2008. J U D G M E N T This appeal is preferred against the award of the Motor Accidents Claims Tribunal, North Paravur in O.P.(MV)149/00. The claimant sustained injuries in a road traffic accident and he has been awarded a compensation of Rs.20,750/-. The K.S.R.T.C. has come up in appeal against that decision. 2. The point of dispute between the K.S.R.T.C. and the insurance company is with respect to the coverage of the vehicle. The vehicle involved in the accident is KL-15-2877. Ext.B1 is an attested xerox copy of the policy which covers 518 buses as per the list attached. As per that list item 237 relates to TN 804, KL-15-2878–LL valid from 7.6.97. Now the whole dispute is that the policy is issued to a vehicle No. KL-15-2878 and the vehicle involved in the accident is KL- 15-2877. Or in other words, the contention is that the policy is issued to a different vehicle and therefore the insurance company is not bound to pay the amount. The Tribunal M.A.C.A. 1929 OF 2008 -:2:- accepted that contention. Now the learned counsel argues that there are two descriptions to a transport vehicle, one namely, the number is given to the bus by the transport Corporation and the other the registration number. The vehicle which is involved in the accident is T.N. 804 and really the registration number of that vehicle is KL-15-2877. The Tribunal took the view so far as the number given by the transport Corporation is concerned it is an internal arrangement and it shall not have any binding effect on the insurance company. It is true a mistake has taken somewhere because T.N. 804 relates to KL-15-2877 and not KL-15-2878. Learned counsel for the K.S.R.T.C. had submitted before me that the vehicle involved in the accident namely KL-15-2877 is a Leyland make whereas KL-15-2878 is a Tata made vehicle. From the description given with respect to the vehicle and the make in the list it can be seen that it is the Leyland vehicle that is insured. So an analysis of these materials may be necessary to find out whether the policy was really issued to KL-15-2877. It is only a typographical error and really the vehicle is insured, the insurance company shall not be permitted to escape from the M.A.C.A. 1929 OF 2008 -:3:- liability. Therefore I set aside the order of the Tribunal and remit the case back to the Tribunal with a direction to permit the K.S.R.T.C. to produce these materials and if the proposal forms are available that also may be directed to be produced by the insurance company and thereafter the matter be disposed of in accordance with law. 3. Unfortunately, the insurance company has not appeared before this Court. Therefore the K.S.R.T.C. is directed to take out notice to the insurance company after it enters appearance before the trial Court. Therefore the award under challenge is set aside so far as it relates to the interse liability between the insurance company and the K.S.R.T.C. and the matter is directed to be disposed of in terms of the discussion done in the previous paragraphs of the judgment. Parties are directed to appear before the Tribunal on 21.1.09. The MACA is disposed of accordingly. M.N. KRISHNAN, JUDGE. ul/-