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 12TH JANUARY 2011 / 22ND POUSHA 1932 MACA.No. 2317 of 2010() ----------------------------- (O.P.(MV)NO.1297/2004 OF MOTOR ACCIDENT CLAIMS TRIBUNAL, THALASSERY) ....... APPELLANT(S): RESPONDENTS 1 & 2 ------------------------------------------- 1. P.C.PHALGUNAN, S/O.KUNHAMBU, AGED 45 YEARS, NATTIVALAPPIL HOUSE, KUMBHAM, KOODALI AMSOM DESOM, P.O.KOODALI. 2. P.C.PRABHAKARAN, S/O.KUNHAMBU, AGED 48 YEARS, 15 SAKET SHREE SOC., 2ND FLOOR, PATILAVADI, V.P.ROAD, PONDE NAGAR, DUMBULI, THANE DISTRICT. BY ADV. SRI.V.RAMKUMAR NAMBIAR RESPONDENT(S): PETITIONER & 3RD RESPONDENT ------------------------------------------------------------ 1. ARUVAMBETH MARIYAM, W/O.MOOSAN, 61 YEARS, JAMEELA MANZIL, KEEZHALLUR AMSOM, THERUR DESOM, P.O.EDAYANNUR. 2. ORIENTAL INSURANCE COMPANY LTD., DIVISIONAL OFFICE, KANNUR. * R3 IMPLEADED 3. ORIENTAL INSURANCE COMPANY, MCDO.5, SBI BUILDING, ANNEX, 3RD FLOOR, BANK STREET, MUMBAI-400 023. * THE 3RD RESPONDENT IS IMPLEADED VIDE ORDER DATED 14/12/2010 IN I.A. NO.3047/2010. R2 BY ADV. SRI.VPK.PANICKER THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 12/01/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: svs A.K.BASHEER & P.Q.BARKATH ALI, JJ. -------------------------------------------------- M.A.C.A. No. 2317 OF 2010 ----------------------------------------- Dated this the 12th day of January, 2011. J U D G M E N T A.K.BASHEER, J. Appellants are the driver and owner respectively of a Maruti Car bearing registration No.MH-04 X/2637, which was involved in a road traffic accident that occurred on April 15, 2003. 2. The injured/claimant filed a petition before the Motor Accidents Claims Tribunal seeking compensation from the appellants and the insurer of the vehicle for the injury sustained by him in the accident. The Tribunal after considering documentary evidence available on record, passed an award for a sum of Rs.18,800/- with interest. The appellants were directed to pay the compensation since it was noticed that there was no valid insurance policy in respect of the vehicle at the time of the accident. 3. The grievance of the appellants is that there was in fact a valid policy in force at the time of the accident. The appellants have produced the original of the policy certificate along with the M.A.C.A. No. 2317 OF 2010 2 appeal memorandum. 4. Sri.V.P.K.Panicker, learned Senior Counsel, who appears for the Insurance Company conceded that the Company had in fact issued a valid policy certificate in respect of the offending vehicle and that it was in force at the time of the accident. 5. In that view of the matter the impugned award is modified and it is held that respondent No.2 Insurance Company shall be liable to indemnify the appellants and pay the compensation. 6. Respondent No.2 Insurance Company shall deposit the award amount within one month from the date of receipt of a copy of this judgment. The amount deposited by the Insurance Company shall be released to the appellants. A.K.BASHEER, JUDGE. P.Q.BARKATHALI, JUDGE. dmb The last sentence of the judgment dated 12/01/2011 in M.A.C.A.2317/2010 is corrected and substituted as : “The amount deposited by the Appellants shall be released to them.” as per order dated 07/02/2011 in I.A. 340/2011. Sd/- Registrar (Judicial)