IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN THURSDAY, THE 13TH NOVEMBER 2008 / 22ND KARTHIKA 1930 MACA.No. 361 of 2003 ------------------------------- OP(MV).NO.1099/1996 OF MOTOR ACCIDENT CLAIMS TRIBUNAL, ERNAKULAM. .................... APPELLANT/ 1ST RESPONDENT: ----------------------------------------------- A.ARULAPPAN S/O. APPAVEE, KUTTIKKATTY VILAI HOUSE, SWAMYARMADOM, KATTATHARA P.O., KANYAKUMARI DISTRICT, TAMILNADU. BY ADV. SRI.LEGY ABRAHAM, ADV. SRI.RAGHAVAKUMAR.V.S. RESPONDENTS/ PETITIONER AND RESPONDENTS 2 & 3: --------------------------------------------------------------------------------- 1. V.V.STEPHEN, AGED 45 YEARS, S/O. VARGHESE, VATTATHARA HOUSE, DOOR NO.20/948, KACHERIPADY, PALLURUTHY, COCHIN-6. 2. M.VIJAYAN, S/O. MUTHAYYAN NADAR, NIRMALA BHAVAN, EZHAKONATHU THOTTIPALAM, CHANGAL PANCHAYAT, TAMILNADU. 3. THE UNITED INDIA INSURANCE CO.LTD., BY ITS REGIONAL MANAGER, REGIONAL OFFICE, HOSPITAL ROAD, COCHIN-11. R3 BY ADV. SRI.C.V.BIMAL ROY. THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 13/11/2008,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: M.A.C.A. NO. 361/2003: ORDER ON I.A. NO. 1238/2003 IN M.A.C.A. NO. 361/2003 DISMISSED 13/11/2008. SD/- M.N.KRISHNAN, JUDGE. //TRUE COPY// P.S. TO JUDGE. prv. M.N. KRISHNAN, J. = = = = = = = = = = = = = = M.A.C.A. NO. 361 OF 2003 = = = = = = = = = = = = = = = Dated this the 13th day of November, 2008. J U D G M E N T This appeal is preferred against the award of the Motor Accidents Claims Tribunal, Ernakulam in O.P.(MV)1099/96. The claimant was awarded a compensation of Rs.20,000/- with 12% interest and respondents 1 and 2 in the claim petition who are owner and driver are made liable and the insurance company was totally exonerated from the liability. It is against that decision, the owner has come in appeal. 2. Along with the memorandum of appeal the owner has produced a document with respect to the vehicle involved in the accident contending that there is a valid coverage for the vehicle from 13.7.95 to 12.7.96. The accident had taken place on 8.8.95. If really this policy relates to the vehicle involved in the accident there appears to be a valid contention for the owner. Therefore I am inclined to grant an opportunity for the appellant to produce documents before the Court below and adduce evidence in M.A.C.A. 361 OF 2003 -:2:- support of the same. Therefore the award under challenge is set aside and the matter is remitted back to the Tribunal with a direction to the Tribunal to permit the appellant herein to file a written statement and produce the policy and if it is convinced that there is a valid coverage for the vehicle, since the original claimant is dead the appellant herein is to take steps to implead the legal representatives of the claimant for further proceeding in the matter. When such an application is filed it shall be entertained by the Court and thereafter, after hearing all concerned the matter be disposed of in accordance with law. The appellant is directed to appear before the Court below on 27.12.08. Thereafter take steps to implead the legal representatives of the deceased claimant. The MACA is disposed of accordingly. M.N. KRISHNAN, JUDGE. ul/-