IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN TUESDAY, THE 18TH NOVEMBER 2008 / 27TH KARTHIKA 1930 MACA.No. 995 of 2006(B) ---------------------- OPMV.1020/1993 of MOTOR ACCIDENT CLAIMS TRIBUNAL, KOTTAYAM .................... APPELLANT(S): PETITIONER --------------------------------------- SINDHU, D/O.THANKAPPAN, VALAYAMCHALIL HOUSE, CHEMPU KARA, CHEMPU VILLAGE, VAIKOM TALUK. BY ADV. SRI.JOSE TOM C.KANDTHIL RESPONDENT(S)/ RESPONDENTS : ------------------------------------------- 1. JIMMY, S/O.JOSEPH, CHAKALAKKAL HOUSE, PALARIVATTOM, KOCHI. 2. K.P.CHANDRASEKHARAN, S/O.APPUPILLAI, CHAITHANYA VIHAR, UDAYAMPEROOR, ERNAKULAM. 3. NEW INDIA ASSURANCE COMPANY LTD., KOCHI. ADV. SMT.A.SREEKALA FOR R3 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 18/11/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: M.N. KRISHNAN, J. = = = = = = = = = = = = = = M.A.C.A. NO. 995 OF 2006 = = = = = = = = = = = = = = = Dated this the 18th day of November, 2008. J U D G M E N T This appeal is preferred against the award of the Motor Accidents Claims Tribunal, Kottayam in O.P.(MV)1020/93. The claimant sustained injuries in a road accident and the Tribunal has awarded a compensation of Rs.47,150/- and the insurance company was exonerated and respondents 1 and 2 in the claim petition were directed to pay the amount. The contention of the insurance company was that a policy was issued and it was subsequently cancelled on account of the dishonour of the cheque after intimating the insured as well as the R.T.O. RW1 was examined and he proved Exts.B1 to B6. The policy was issued for the period from 17.9.92 to 16.9.93 on the basis of a cheque issued. When the cheque was dishonoured on 1.10.92 the policy was cancelled and the insured as well as the R.T.O. were intimated about the cancellation of the policy. The accident took place only on 8.11.92. M.A.C.A. 995 OF 2006 -:2:- 2. The same question has been considered by the Apex Court in the latest decision reported in Deddappa v. National Insurance Co. Ltd. (2008 (1) KLT 296). “Cheque issued towards premium dishonoured and policy cancelled. Insured and R.T.O. informed of cancellation of policy. If contract of insurance has been cancelled and all concerned intimated thereabout, insurance company would not be liable to satisfy claim.” 3. Since the accident had only taken place subsequent to the cancellation of the policy after due intimation to the insured and R.T.O., in view of the decision of the Apex Court referred to above the insurance company cannot be made liable to pay. But in that case the Apex Court exercised its jurisdiction under Article 142 of the Constitution of India and directed the insurance company to pay the amount and recover it from the owner. But such a power does not lie with the High Court. Therefore the insurance company cannot be saddled with any liability and M.A.C.A. 995 OF 2006 -:3:- so the decision of the lower Court does not call for any interference. Hence the appeal is dismissed but without any costs. If any amount is deposited by the insurance company that shall be disbursed on proper application to the company. M.N. KRISHNAN, JUDGE. ul/-