IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN WEDNESDAY, THE 19TH NOVEMBER 2008 / 28TH KARTHIKA 1930 MACA.No. 1508 of 2008() ----------------------- OPMV.1269/2001 OF ADDL.MOTOR ACCIDENT CLAIMS TRIBUNAL, ERNAKULAM .................... APPELLANT/1ST RESPONDENT: --------------------------------------------- MOHAMMED SADIQUE AGED 45, S/O.ALI VADAPPILLY HOUSE, CHOORNIKKARA , ALUVA. BY ADV. SMT.AYSHA YOUSEFF SRI.V.K.SIDHIK SMT.SAJITHA SIDHIK RESPONDENTS/PETITIONER & RESPONDENTS 2 TO 5: ------------------------------------------------------------------------------ 1. JOHN.K.VARGHESE AGED 31, S/O.VARGHESE, PULLUPARAMBIL HOUSE, MADAPPAT ROAD, CHALIKKAVATTOM, VENNALA P.O., PUNITHURA. 2. ORIENTAL INSURANCE CO.LTD., P.M.A. BUILDING, BANK JN., ALUVA. 3. SIBI GEORGE, ADIMURI HOUSE, VAZHAKKALA, KOCHI-21. 4. UNITED INDIA INSURANCE CO.LTD., CHITTOOR ROAD, KOCHI-35. ADV. SRI.P.MURALEEDHARAN FOR R4 SRI.MATHEWS JACOB (SR.) FOR R3 SRI.P.JACOB MATHEW FOR R3 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 19/11/2008,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Rs/ M.N.KRISHNAN, J ===================== MACA No.1508 OF 2008 ===================== Dated this the 19th day of November 2008 JUDGMENT This appeal is preferred by the first respondent in the claim petition against the award of the Motor Accidents Claims Tribunal, Ernakulam in O.P.(MV)No.1269 of 2001. The appellant did not produce any document to prove there is a fitness certificate for the offending vehicle. Therefore the Tribunal directed the insurance company to pay the amount and recover it from the owner. Along with the appeal a petition is filed whereby it is seen that there appears to be a permit on the date of the accident and a photocopy of the same is produced and it has to be duly proved before the Tribunal. Therefore for the said purpose, I am inclined to grant an opportunity. So, the award under challenge is set aside so far as it relates to the recovery right of the insurance company is concerned. Both parties are directed to adduce both oral and documentary evidence in support of their respective contentions and the matter be disposed of in accordance with law. Parties are directed to appear before the Tribunal on 29.12.2008.If the MACA 1508/2008 -:2:- amount of cost as ordered by me in CMA No.1486/2008 is not paid, the Tribunal need not entertain the contention of the appellant when he enters appearance on 29.12.2008. Revenue recovery proceedings shall be kept in abeyance till the disposal of the case. MACA is disposed of as above. M.N.KRISHNAN, JUDGE Cdp/-