IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN FRIDAY, THE 20TH JUNE 2008 / 30TH JYAISHTA 1930 MACA.No. 1777 of 2005(G) ------------------------------------- O.P(MV).NO.1530/1995 OF MOTOR ACCIDENT CLAIMS TRIBUNAL, KOLLAM. .................... APPELLANT/ RESPONDENT -2: -------------------------------------------- KERALA STATE INSURANCE DEPARTMENT, KOLLAM. BY SR. GOVT. PLEADER SRI. V.T.K. MOHANAN. RESPONDENTS/ PETITIONER/ RESPONDENTS 1 & 3: --------------------------------------------------------------------------- 1. AJITH KUMAR.C., CHELIPPALLIL VEEDU, PAYIPPAD, HARIPPAD. 2. THE DIVISIONAL ENGINEER, TELEGRAPHS, KOLLAM. 3. SHERAFUDEEN.M., SHALIMAR, PAROOR, T.K.M. COLLEGE JUNCTION, KOLLAM. BY ADV. SRI.K.P.DANDAPANI (SR.) - R1, SRI.K.KESAVANKUTTY, SC, BSNL - R2. THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 20/06/2008,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: M.N.KRISHNAN, J. -------------------------- M.A.C.A. No. 1777 OF 2005 --------------------- Dated this the 20th day of June, 2008 JUDGMENT This appeal is preferred by the Kerala State Insurance Department, Kollam, against the finding of the Tribunal directing it to deposit the amount. The contention of the appellant is that the vehicle involved in the accident is never insured with the Kerala State Insurance Department and therefore, it is an unnecessary party and that no liability can be saddled on the same. 2. Learned Standing counsel for the BSNL submits before me that being a Central Government vehicle as the third party insurance was exempted, there was no statutory liability on it to take any insurance policy. It has no case that the vehicle was insured with the Kerala State Insurance Department. So it has to be held that the Kerala State Insurance Department was unnecessarily dragged into the litigation and made liable to pay the amount. Its liability is to be vacated. It is further stated by the learned counsel that as per EP 83/05 in the above case, the amount has been deposited by the BSNL as well. Therefore the claim amount awarded MACA No.1777/05 2 is also deposited thereby satisfying the award passed by the Tribunal. Therefore the appeal is allowed. Since the Kerala State Insurance Department is found to be not the insurer of the vehicle, it is exempted from the liability. M.N.KRISHNAN, JUDGE vps MACA No.1777/05 3 MACA No.1777/05 4