IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE A.K.BASHEER & THE HONOURABLE MR. JUSTICE P.Q. BARKATH ALI. WEDNESDAY, THE 31ST MARCH 2010 / 10TH CHAITHRA 1932 MACA.No. 2999 of 2008() --------------------------------- OPMV.869/2001 of ADDL.MOTOR ACCIDENT CLAIMS TRIBUNAL, ERNAKULAM .................... APPELLANT: IST RESPONDENT ---------------------------- P.V.POULOSE, S/O.VARKEY, PAYYAPPILLY HOUSE, MALAYATTOOR, ALUVA. BY ADV. SRI.MANURAJ. K.J RESPONDENT: RESPONDENTS ------------------------------------------- 1.M.K.MOHAMMED BASHEER, S/O.KOMU, MUNDETH HOUSE, KOOVAPPADY ROAD, ONAPPALLY, CHERANALLOOR, KALADY (VIA). 2.JOJO, S/O.JOSEPH, ENCHIPARAMBIL, EAST OF ANITHA VIDYALAYA, THENIPUZHA, OKKAL. 3.THE ORIENTAL INSURANCE CO.LTD., THODUPUZHA. GOVT. PLEADER SHRI. L.G. SURESH BABU SRI.M.JACOB MURICKAN FOR R3 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 31/03/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: PKK A.K. BASHEER & P.Q. BARKATH ALI, JJ. ---------------------------------------------------------- M.A.C.A NO. 2999 OF 2008 ----------------------------------------- DATED THIS THE 31TH DAY OF MARCH 2010 JUDGMENT A.K. BASHEER (J) The appellant is the owner of a goods vehicle involved in a motor accident. The victim of the accident filed a claim petition before the Motor Accidents Claims Tribunal, Ernakulam seeking compensation. 2. The Tribunal passed an award in favour of the claimant for a sum of Rs. 47,327/- with interest thereon and directed that the above sum shall be paid by respondent No.3, Insurance Company. However, it was made clear that the Insurer can recover the amount of compensation from the owner of the vehicle (the appellant) since it was found that the vehicle did not have a fitness certificate issued by the competent authority. The Tribunal also noticed that the Police had registered a petty case against the owner of the vehicle since the fitness certificate was not made available. M.A.C.A NO. 2999 OF 2008 2 3. The owner of the vehicle has filed this appeal impugning the above order. 4. When the appeal came up for consideration on 12-1-2010, this Court directed the Govt. Pleader to get instructions from the Regional Transport Officer concerned as to whether in fact the vehicle did have a valid fitness certificate at the time of the accident. 5. In response to the above direction, the learned Govt. Pleader has made available the report of Joint Regional Transport Officer, Aluva dated 16.2.2010. In his report, the officer states that the vehicle bearing registration No. KL 07/F- 3839 ( which is the vehicle involved in the accident) was covered by a fitness certificate vide EA/1106/2000 dated 3.3.2000. The said certificate was valid from 3.3.2000 till 2.3.2001. The above report is taken on record and marked as Ext.X1. 6. It may be noticed that admittedly the accident took place on 28.3.2000. As on that date there was a valid Fitness Certificate. Therefore, the direction issued by the tribunal giving M.A.C.A NO. 2999 OF 2008 3 liberty to the Insurance Company to recover the compensation from the owner of the vehicle cannot be sustained. The said direction is set aside. The award is modified to the extent that the Insurance Company shall pay the compensation to the claimant. 7. It is brought to our notice that the amount has already been deposited by the Insurance Company. The above submission is recorded. The appeal is allowed. A.K. BASHEER (JUDGE) P.Q. BARKATHALI (JUDGE) pkk M.A.C.A NO. 2999 OF 2008 4