IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN MONDAY, THE 14TH DECEMBER 2009 / 23RD AGRAHAYANA 1931 MACA.No. 2499 of 2009() ----------------------- I.A.NO.2490/2006 IN OPMV.2646/2005 of MOTOR ACCIDENT CLAIMS TRIBUNAL, TRIVANDRUM .................... APPELLANT(S): 3RD RESPONDENT: ----------------------------- THE NEW INDIA ASSURANCE COMPANY LTD., THIRUVANANTHAPURAM NOW REPRESENTED BY ITS MANAGER, REGIONAL OFFICE, M.G.ROAD, KOCHI-11. BY ADV. SRI.MATHEWS JACOB, SENIOR ADVOCATE SRI.P.JACOB MATHEW RESPONDENT(S): PETITIONER: -------------------------- SINDHU, ELLUVILA PUTHEN VEEDU, VILAPPILSALA, THIRUVANANTHAPURAM. ADV. SRI.P.BALACHANDRAN NAIR FOR R1 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 14/12/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ORDER ON I.A.NO.2918 OF 2009 IN MACA.NO.2499/2009 DISMISSED 14.12.2009. SD/= M.N. KRISHNAN, JUDGE /TRUE COPY/ P.A. TO JUDGE. cl M.N. KRISHNAN, J. ........................................... M.A.C.A.No.2499 OF 2009 ............................................. Dated this the 14th day of December, 2009 J U D G M E N T This is an appeal preferred against the preliminary award passed by the Claims Tribunal, Trivandrum in OP(MV) No.2646/2005. The claimant is alleged to have sustained injuries in a road accident as well as permanent disablement and therefore, along with the application for compensation, he had moved a petition under Section 140 of M.V. Act for no fault liability compensation. The matter came up before this Court once on the ground that the Tribunal awarded compensation without even an FIR. When the matter went back, the claimant produced a copy of the FIR which is based on a private complaint which was referred to the police under Section 156(3) wherein a crime has been registered. The Tribunal which is concerned with the matter was prima facie satisfied about the materials produced and awarded compensation under Section 140 of the M.V.Act. 2. At this stage, this Court cannot interfere with and : 2 : M.A.C.A.No.2499 OF 2009 therefore, I dismiss the appeal but make it clear that in case the claimant is not entitled to compensation on account of the factum of non proof of an accident, then the Tribunal may direct the claimant to reimburse the amount and also give an order in favour of the insurance company to recover it from him. Disposed of accordingly M.N. KRISHNAN, JUDGE cl : 3 : M.A.C.A.No.2499 OF 2009