IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN TUESDAY, THE 13TH JANUARY 2009 / 23RD POUSHA 1930 MACA.No. 232 of 2007(F) ----------------------------- OPMV.1026/2000 of MOTOR ACCIDENT CLAIMS TRIBUNAL, IRINJALAKUDA .................... APPELLANT(S): RESPONDENTS 1 & 2: --------------------------------------------- 1. AJOY KUMAR, S/O.GANGADHARAN, KUNNAPPASSERY HOUSE, EDATHURUTHY VILLAGE DESOM, THRISSUR DISTRICT. 2. K.V.GANGADHARAN, S/O.VELANDY, DO. DO. BY ADV. SRI.T.N.MANOJ RESPONDENT(S)/ PETITIONER & RESPONDENT NO.3 : --------------------------------------------------------------- 1. SALIL.P.K., S/O.KRISHNAN PUTHUKKATTIL HOUSE, PADIYOOR VILLAGE AND DESOM, THRISSUR DISTRICT. 2. THE MANAGER, NATIONAL INSURANCE CO.LTD., MALIYEKKAL BUILDINGS, IRINJALAKUDA. ADV. SRI.LAL GEORGE FOR R2 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 13/01/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: M.N. KRISHNAN, J. = = = = = = = = = = = = = = M.A.C.A. NO. 232 OF 2007 = = = = = = = = = = = = = = = Dated this the 13th day of January, 2009 J U D G M E N T This appeal is preferred against the award of the Motor Accidents Claims Tribunal, Irinjalakuda in O.P.(MV)1026/00. The claimant, a pillion rider of a motor bike sustained injuries in a road accident and he has been awarded a compensation of Rs.17,800/-. It was found that the vehicle was not insured with the National Insurance Company and therefore exonerated the insurance company from the liability and directed the respondents 1 and 2 in the claim petition to pay the amount jointly and severally. It is against that decision the respondents 1 and 2 have come up in appeal. 2. Along with the appeal they have also produced a copy of the policy issued by the New India Assurance Company during the relevant period of accident. Unfortunately New India Assurance Company has not been impleaded as a party in the case. Therefore the Tribunal cannot be found fault with for exonerating the 3rd respondent M.A.C.A. 232 OF 2007 -:2:- National Insurance Company from the liability. A Further question may arise to the effect that after the impleadment of New India Assurance Company whether the pillion rider to a motor bike is covered under the policy or not. But they are all matters that has to be considered by the Tribunal after the parties enter appearance. Therefore the award under challenge is set aside and the matter is remitted back to the Tribunal with a direction to permit the present appellants namely respondents 1 and 2 to implead New India Assurance Company as a necessary party to the proceedings and thereafter decide the case afresh in accordance with law. All concerned to be permitted to produce and adduce documentary as well as oral evidence in support of their respective contentions. Presence of National Insurance Company need not be insisted before the Tribunal for the disposal of the case. Parties are directed to appear before the Tribunal on 20.2.09. The MACA is disposed of accordingly. M.N. KRISHNAN, JUDGE. ul/-