IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.N.RAMACHANDRAN NAIR & THE HONOURABLE MR. JUSTICE HARUN-UL-RASHID TUESDAY, THE 11TH NOVEMBER 2008 / 20TH KARTHIKA 1930 MACA.No. 39 of 2004() --------------------- OPMV.2496/1996 of MOTOR ACCIDENT CLAIMS TRIBUNAL, ERNAKULAM .................... APPELLANT/3RD RESPONDENT IN M.V.O.P: ----------------------------------------------- THE ORIENTAL INSURANCE CO.LTD., MUTHOOT TOWERS, M.G.ROAD, COCHIN-35, REPRESENTED BY THE ASSISTANT MANAGER, MOTOR THIRD PARTY CLAIMS CELL, REGIONAL OFFICE, NORTH RAILWAY STATION ROAD, ERNAKULAM, COCHIN-682018. BY ADV. SRI.M.JACOB MURICKAN RESPONDENTS/PETITIONERS & RESPONDENTS 1 & 2 IN M.V.O.P: ----------------------------------------------------------------------- 1. M.T.ALLY, W/O. LATE THANKAPPAN, MULAMTHURUTHY HOUSE (CHAKKOTTU), THENGODE P.O., VIA. B.M.C., KAKKANAD. 2. C.T.BIJU, S/O. LATE THANKAPPAN, MULAMTHURUTHY HOUSE (CHAKKOTTU), THENGODE P.O., VIA. B.M.C., KAKKANAD. 3. VINAYAN, S/O. LATE THANKAPPAN, MULAMTHURUTHY HOUSE (CHAKKOTTU), THENGODE P.O., VIA. B.M.C., KAKKANAD. 4. BINDU, D/O. LATE THANKAPPAN, MULAMTHURUTHY HOUSE (CHAKKOTTU), THENGODE P.O., VIA. B.M.C, KAKKANAD. 5. VINEETHA, D/O. LATE THANKAPPAN, MULAMTHURUTHY HOUSE (CHAKKOTHU), THENGODE P.O., VIA. B.M.C., KAKKANAD. MACA : 39/04 6. T.THANKACHAN, NEDIYAVILAYIL HOUSE, VEDARUPLAVU P.O., CHARUMMOODU, MAVELIKKARA. 7. R.SAJI, KATTUPARAMBIL HOUSE, CHARUMMOODU, EDAKUNNAM WARD, MAVELIKKARA TALUK. THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 11/11/2008, ALONG WITH MACA NO. 57 OF 2004, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: C .N. RAMACHANDRAN NAIR & HARUN-UL-RASHID, JJ. -------------------------------------------- M.A.C.A. No. 39 & 57 OF 2004 -------------------------------------------- Dated this the 11th day of November, 2008 JUDGMENT Ramachandran Nair,J. Heard counsel appearing for the common appellant challenging the award on the ground that as on the date of the accident the vehicle did not have a goods permit to make the insurance company liable under the policy. Counsel for the appellant relied on Section 149(2) of the M.V. Act which entitles the insurance company to disown liability if the vehicle was used for any purpose other than the authorised purpose. In this case, the vehicle, namely, mini lorry, had a valid registration, insurance policy and fitness certificate. After purchase of the vehicle, the registered owner remitted the fee for applying for registration and application for registration was also made on the date of the accident. Further permit issued after two days was also from the date of application, that is the date of accident. In these circumstances, we do not find any violation of Section 149(2) of the M.V. Act. There MACA Nos.39 & 57/2004 2 is also nothing to indicate that before getting permit the vehicle was transporting any goods at the time of the accident. In the circumstances, the insurance company is rightly found to be liable to indemnify the insured. Appeals are accordingly dismissed. (C.N.RAMACHANDRAN NAIR) Judge. (HARUN-UL-RASHID) Judge. kk MACA Nos.39 & 57/2004 3