IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.N.RAMACHANDRAN NAIR & THE HONOURABLE MR. JUSTICE HARUN-UL-RASHID TUESDAY, THE 4TH NOVEMBER 2008 / 13TH KARTHIKA 1930 MACA.No. 408 of 2006() ---------------------- OPMV.2571/1997 of IST ADDL.MOTOR ACCIDENTS CLAIMS TRIBUNAL,KOZHIKODE .................... APPELLANT(S)/SUPPLEMENTAL PETITIONERS 2 TO 5. --------------------------------------------------------- 1. VELAYUDHAN (DIED) S/O.SANKARAN, AGED 60 YEARS, MUNDANAYITHARA VEEDU, MANALTHAZHAM, GOVINDAPURAM, KOZHIKODE 16. 2. C.GEETHA, W/O.LATE VELAYUDHAN, AGED 60 YEARS, MUNDANAYITHARA VEEDU, MANALTHAZHAM, GOVINDAPURAM, KOZHIKODE 16. 3. SURESH,AGED 29 YEARS, S/O.LATE VELAYUDHAN, MUNDAYANAYITHARA VEEDU, MANALTHAZHAM, GOVINDAPURAM, KOZHIKODE 16. 4. LEENA, AGED 34 YEARS, D/O.LATE VELAYUDHAN, MUNDANAYITHARA VEEDU, MANALTHAZHAM, GOVINDAPURAM, KOZHIKODE 16. 5. V.SUNEESH, AGED 27 YEARS, S/O.LATE VELAYUDHAN, MUNDANAYITHARA VEEDU, MANALTHAZHAM, GOVINDAPURAM, KOZHIKODE 16. BY ADV. SRI.V.N.RAMESAN NAMBISAN RESPONDENT(S): RESPONDENTS. --------------------------- 1. V.J.SEBASTIAN, S/O.JOSPEH, IMPERIYAL MOTOR SERVICES, THALIPARAMBA, KANNUR, OWNER OF JEEP NO.KL-13/B 6408. 2. K.M.NAZAR, S/O.ERUMULLAN, KUNNATHU MOOLAYIL VEEDU, KUTTIYATTU AMSOM DESOM, DRIVER OF JEEP, NO.KL-13/B 6408. 3. UNITED INDIA INSURANCE COMPANY BRANCH OFFICE BROTHERS COMPLEX, THALASSERY, KANNUR, INSURER OF POLICY NO.CN R.O. 100000/1390816. ADV. SRI.GEORGE JOSEPH MULLENKUZHIYIL FOR R1 SRI.P.JAYASANKAR FOR R3 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING COME UP FOR ADMISSION ON 04/11/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: C.N. RAMACHANDRAN NAIR & HARUN-UL-RASHID, JJ. --------------------------------------------------------- M.A.C.A.NO. 408 OF 2006 --------------------------------------------------------- Dated this the 4th day of November, 2008 JUDGMENT Ramachandran Nair, J. Appeal is filed by the claimant against that part of the award of the I Additional Motor Accidents Claims Tribunal, Kozhikode exonerating the Insurance Company from its liability to pay compensation. 2. According to the appellants, the vehicle involved in the accident was covered by proper insurance policy issued by the third respondent. However, the Tribunal found no proof of existence of policy issued by the third respondent and consequently recovery was ordered against the first respondent, registered owner of the vehicle. It is for the registered owner to prove existence of insurance policy before the Tribunal if the same is denied by the Insurance Company. However, neither before the Tribunal nor before this Court, the owner has ventured to produce the policy. 3. Counsel appearing for the Insurance Company, on instructions, submitted that there is no proof of policy issued by the third respondent. However, counsel appearing for the appellants produced a policy issued by the third respondent for the subsequent period which shows the engine number and chassis number of the vehicle. But, without co-relation of M.A.C.A.NO.408/2006 2 the engine number and chassis number with the registration number of the vehicle, it is not possible to identify the policy as relating to the vehicle involved in the accident. In the circumstances, we dispose of the appeal as follows: 1. There will be a direction to the Motor Accidents Claims Tribunal to order recovery of the awarded amount against the registered owner of the vehicle immediately. 2. If the registered owner is without assets, the Tribunal will order police to seize the vehicle involved in the accident and hand over the same to the recovery authority for sale to recover the amount. 3. If original policy is produced, the Tribunal will modify the order and order recovery against the Insurance Company. (C.N. RAMACHANDRAN NAIR) JUDGE (HARUN-UL-RASHID) JUDGE sp/ M.A.C.A.NO.408/2006 3 C.N. RAMACHANDRAN NAIR & HAURN-UL-RASHID, JJ. M.A.C.A. NO. JUDGMENT 4th November, 2008