IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE A.K.BASHEER & THE HONOURABLE MR. JUSTICE P.Q.BARKATH ALI TUESDAY, THE 2ND MARCH 2010 / 11TH PHALGUNA 1931 MACA.No. 203 of 2007() ---------------------- OPMV.285/1999 of MOTOR ACCIDENT CLAIMS TRIBUNAL, PALAKKAD .................... APPELLANT/2ND RESPONDENT: --------------------------------------- C.R. BONEY, S/O.C.S.RAVEENDRANATHAN, CHANDRASSOOIM HOUSE, MALAPLATHURUTHU, P.O. MOOTHAKUNNAM, ERNAKULAM DISTRICT. BY ADV. SRI.O.RAMACHANDRAN NAMBIAR SRI.GEEN T.MATHEW RESPONDENT(S): PETITIONERS AND RESPONDENTS 1 & 3: ------------------------------------------------- 1. THOMAS, S/O. VARGHESE, CHELAKKAD HOUSE, KAMADI POST, PALAKKAD DISTRICT. KERALA 2. K.V. ANNAMMA, W/O. GEORGE, EDAYIL HOUSE, THAMMARASSERY POST, KERALA 3. K.V. YOHANNAN, S/O. VARGHESE, KULANJIKOMPIL HOUSE, SREEKRISHNAPURAM POST, PALAKKAD DISTRICT, KERALA 4. K.V.VARGHESE, S/O. VARGHESE, KULANJIKOMPIL HOUSE, SREEKRISHNAPURAM POST, PALAKKAD DISTRICT. 5. SANISH, S/O. PRABHAKARAN, KALAKKASSERY, THURUTHIPURAM, P.O. MOOTHAKUNNAM, PIN-683 516, ERNAKULAM DIST. 6. UNITED INDIA INSURANCE CO. LTD., SURYA COMPLEX, IIND FLOOR, T.B.ROAD, PALAKKAD. ADV. SRI.A.R.GANGADAS FOR R1 SRI.N.S.MOHAMMED USMAN FOR R6 SRI.K.S.GOPI FOR R5 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 02/03/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: A.K.BASHEER & P.Q.BARKATH ALI, JJ. - - - - - - - - - - - - - - - - - - - - - M.A.C.A. No.203 OF 2007 - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 2nd day of March, 2010 JUDGMENT Basheer, J. The appellant is the registered owner of the vehicle bearing Reg.No.KL-9-F-565 which was involved in a motor accident that occurred on August 29, 1998. He challenges the award passed by the Tribunal to the extent it holds the appellant liable to pay the compensation awarded in favour of the claimants. The Tribunal held that the appellant had failed to prove that his vehicle was covered under a valid insurance policy at the relevant point of time and therefore exonerated the Insurance Company from the liability. 2. Learned counsel contends that the Tribunal committed serious illegality in ignoring the categoric assertion made by the appellant in his written statement before the Tribunal that he had taken out an insurance policy from respondent No.6 herein, which was valid at the relevant point of time. The appellant had in fact mentioned the number of the policy in his written statement. But, the Tribunal MACA.No.203/07 Page numbers overlooked the above aspect and proceeded to pass the award even without directing the Insurance Company to verify whether the number referred to in the written statement was in relation to a policy which was allegedly issued by it. 3. When this appeal came up for consideration, learned counsel for the appellant produced a copy of the Insurance Certificate before this court which apparently covered the period of accident. Learned counsel for respondent No.6 after verification of the records submits that the vehicle involved in the accident was in fact covered by a valid insurance policy at the relevant point of time. In other words, the Insurance Company now admits that it is liable to indemnify the registered owner. Therefore, we are satisfied that the award passed by the Tribunal has to be modified. Accordingly, in the above facts and circumstances, it is held that the amount of Rs. 1,52,500/- awarded by the Tribunal in favour of respondents 1 to 4 shall be recovered from respondent No.6 with interest @ 6% per annum from March 10, 1999 till the date of recovery and with proportionate cost. Appellant and respondent No.5 are MACA.No.203/07 Page numbers exonerated from the liability to pay the compensation . The deposit, if any, made by the appellant as contemplated under Section 173 of the Act shall be released to him. The Award is modified to the above extent. The Appeal is allowed. A.K.BASHEER, JUDGE P.Q.BARKATH ALI, JUDGE sv. MACA.No.203/07 Page numbers