IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN WEDNESDAY, THE 9TH SEPTEMBER 2009 / 18TH BHADRA 1931 MACA.No. 1403 of 2009() ----------------------------------- OPMV.752/2004 & 753/2004 of MOTOR ACCIDENT CLAIMS TRIBUNAL, NORTH PARAVUR .................... APPELLANT/ 3RD RESPONDENT ---------------------------------------------- NATIONAL INSURANCE CO. LTD., ERNAKULAM, REP. BY THE MANAGER, KOCHI REGIONAL OFFICE, M.G.ROAD, COCHIN-35. BY ADV. MR.E.M.JOSEPH RESPONDENTS/CLAIMANT & RESPONDENTS 1 TO 2 --------------------------------------------------------------------------- 1. LALAN, AGED 38, S/O RAMADAS, THARAYIL HOUSE, KUMBALAM, ERNAKULAM. 2. PONNAN MARIYAN, S/O K.M.JOHN, KANNOKKARA HOUSE, APPOLLO ROAD, PALARIVATTOM. 3. SABU. K.R., AGED 34, S/O RAMAN, KARASSERY PARAMBIL HOUSE, CHERAI, PALLIPPURAM. R2 BY ADV. MR.ANIL S.RAJ, SMT.K.N.RAJANI, MR.RADHIKA RAJASEKHARAN P., SMT.ANILA PETER. R1 BY ADV. MR.P.V.ELIAS. THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 09/09/2009, ALONG WITH MACA NO.1414 OF 2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: rs. M.N.KRISHNAN, J. ........................................... M.A.C.A.NOS.1403 & 1414 OF 2009 ............................................. Dated this the 9th day of September, 2009 J U D G M E N T These appeals are preferred against the common award passed by the Claims Tribunal, North Parur in O.P. (MV).Nos.752 and 753/2004. The claimant in O.P.(MV) No.752/2004 was a driver of an auto rickshaw bearing Registration No.KCE 329 and along with the petitioner in OP(MV)No.753/2004 was proceeding and when the vehicle reached the place of accident, a tempo van bearing Registration No.KL 7D 1249 hit on the auto rickshaw resulting in injuries to the claimant. The owner and driver, as usual, remained ex parte before the Tribunal. The insurance company resisted the claim. A copy of the written statement filed by the insurance company would show that it had disputed about the correctness of the vehicular document. But, in order to substantiate such a contention that the tempo van was not having a valid permit on the date of the acciden, they moved an application I.A.No.1466/2008 in O.P.(MV)No.752/2004. Notice w as given MACA.NOS.1403&1414/ 2009 to the owner and he did not produce the permit and therefore the I.A. was closed. So, the question that has to be considered is whether there was a valid permit for the tempo van and even when there is no valid permit what will be the legal consequence that has to follow namely whether the insurance company on the basis of the breach of the policy condition is entitled to be exonerated from the liability. 2. Now learned counsel for the owner submits before me that an application was placed before the Public Information Officer, R.T.A Office, Ernakulam and he is confident that they will be able to establish that there was a valid permit for the vehicle a t the time of the accident. Unfortunately, the Tribunal has not considered the question whether there was a valid permit or not at the time of the accident especially in the backdrop of an application filed by the insurance company to produce the permit. So, the matter requires reconsideration at the hands of the court below. 3. Therefore, the award under challenge is set aside so far as it relates to the liability between the insurance company and the owner is concerned and both sides are MACA.NOS.1403&1414/ 2009 permitted to put forward better pleadings as well as produce documentary and oral documents in support of their respective contentions to decide the question whether the tempo van involved in the accident was having a valid permit on the date of the accident. The parties are directed to appear before the Tribunal on 03.11.2009. Disposed of accordingly. M.N.KRISHNAN, JUDGE cl MACA.NOS.1403&1414/ 2009