IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE J.B.KOSHY & THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH FRIDAY, THE 5TH DECEMBER 2008 / 14TH AGRAHAYANA 1930 MACA.No. 1667 of 2005() --------------------------------- OPMV.2433/1996 of MOTOR ACCIDENT CLAIMS TRIBUNAL, KOLLAM .................... APPELLANT(S): PETITIONER ------------------------ 1. REMANY, D/O.KARTHIYANI, AMBANATTUVILA VEEDU, THRIKKOVILVATTOM, KANNANALLUR, KOLLAM DISTRICT. 2. MS PRIYA, D/O.REMANY, AMBANATTUVILA VEEDU, THIKKOVILVATTOM, KANNANALLUR, KOLLAM DISTRICT. BY ADV. SRI.B.MOHANLAL SMT.MEREENA JOSEPH SMT.M.M.POORNIMA RESPONDENT(S): RESPONDENT ------------------------- 1. JAYACHANDRAN, S/O.JANARDHANAN, SEENA NIVAS, ERAVIPURAM, KOLLAM(DIED). 2. JAGADEESAN, S/O.KESAVAN, KALARIMANDIRAM, VALATHUNGAL, ERAVIPURAM, KOLLAM DISTRICT. 3. THE MANAGER, NMATIONAL INSURANCE COMPANY LTD., KOLLAM DISTRICT. LEGAL HEIRSS OF THE 1ST RESPONDENTS ARE RESPONDENTS 4 TO 6: 4. THANKAMANI, SEENA NIVAS, ERAVIPURAM P.O. KOLLAM. M.A.C.A. NO.1667/2005 5. SUNIL, SEENA NIVAS, ERAVIPURAM P.O., KOLLAM. 6. SEENA, SEENA NIVAS, ERAVIPURAM P.O. KOLLAM. ADV. SRI.P.JAYASANKAR FOR R3 SRI.P.A.NOOR MUHAMMED FOR R4 TO R6 SRI.T.S.ANURAJ FOR R4 TO R6 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING COME UP FOR ADMISSION ON 05/12/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: J.B.KOSHY & THOMAS P. JOSEPH, JJ. -------------------------------------- M.A.C.A.No.1667 of 2005 ------------------------------------- Dated 5th December, 2008 JUDGMENT Koshy,J . This appeal is filed by the claimant. The only contention of the claimant is that the insurance company is exonerated illegally. It is her case that Policy No.570500/31/40/01/685/95 was taken for the offending vehicle and validity period was from 25.8.1995 to 24.8.1996. The accident occurred during the currency of the policy. Policy was issued by the third respondent, National Insurance Company. In reliance of the same, the claimant has shown to us a copy of the investigation report of the accident dated 10.6.1997 prepared by the officers of the insurance company themselves. It is further contended that in the written statement filed by the insurance company coverage of the vehicle by it was admitted, but, thereafter, an additional written statement was filed stating that Policy No.585 of the year 1995 was issued in respect of another vehicle. Copy of the additional written statement was not served on the claimant and, therefore, the claimant was unable to point out the correct policy number. In these circumstances, we remand the matter only to consider whether there was valid insurance policy on the date of the accident. Copy of the investigation report of the accident shall be MACA.1667/2005 2 filed by the claimant and both parties are allowed to adduce further evidence regarding coverage of insurance. We are remanding this matter only to decide the question regarding coverage of insurance of the vehicle at the time of the accident by the third respondent insurance company. Parties shall appear before the Tribunal on 9.2.2009. J.B.KOSHY JUDGE THOMAS P. JOSEPH JUDGE tks