IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN FRIDAY, THE 16TH JANUARY 2009 / 26TH POUSHA 1930 MACA.No. 2529 of 2008(B) --------------------------------- OPMV.108/2006 of MOTOR ACCIDENT CLAIMS TRIBUNAL, PATHANAMTHITTA. ........................ APPELLANT(S): 3RD RESPONDENT ----------------------------------------- THE NATIONAL INSURANCE CO.LTD., PATHANAMTHITTA, REPRESENTED BY ITS MANAGER, REGIONAL OFFICE, OMANA BLDG, M.G.ROAD, ERNAKULAM, KOCHI - 35. BY ADV. SRI.GEORGE CHERIAN (THIRUVALLA) RESPONDENT(S): CLAIMANT --------------------------------- KUNJUMON, S/O.YOHANNAN, NADUVILE PURATHARAYIL, THAZHAVA, MANAPALLY P.O. KARUNAGAPPALLY TALUK, QUILON DISTRICT, NOW RESIDING AT THOLLAYIRAKUZHIYIL, MELOOKARA, KOZHENCHERRY P.O. & TALUK, PATHANAMTHITTA. ADV. SRI. K.SHAJ FOR R1 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 16/01/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: M.N. KRISHNAN, J. = = = = = = = = = = = = = = M.A.C.A. NO. 2529 OF 2008 = = = = = = = = = = = = = = = Dated this the 16th day of January, 2009 J U D G M E N T This appeal is preferred against the preliminary award passed as per I.A.554/06 in O.P.(MV)108/06 of the Motor Accidents Claims Tribunal, Pathanamthitta. The insurance company has come up in appeal against the said interim award. It is the case of the insurance company that the claimant had not sustained injuries in a road accident wherein the auto rickshaw insured by the Company was involved. So it is a fundamental question whether there was involvement of the auto rickshaw in the accident. If there is no involvement necessarily the insurance company cannot be saddled with the liability. It is true that the scope of liability under Section 140 of the M.V. Act is to award amount even if there is no fault. But when the very involvement of the vehicle insured is disputed unless there are materials just in an ordinary course compensation cannot be awarded. Therefore the preliminary M.A.C.A. 2529 OF 2008 -:2:- award passed is set aside and the appeal is allowed. A direction is given to the Motor Accidents Claims Tribunal to dispose of the matter as expeditiously as possible at any rate within three months from the date of receipt of a copy of this judgment. The amount which is in deposit shall remain in deposit and be disbursed to the successful party after the termination of the trial. I make it very clear that I am not expressing anything on the merits of the case. The MACA is disposed of accordingly. M.N. KRISHNAN, JUDGE. ul/-