IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN WEDNESDAY, THE 9TH JULY 2008 / 18TH ASHADHA 1930 MACA.No. 114 of 2005(D) ----------------------------------- OPMV.1396/1995 of MOTOR ACCIDENT CLAIMS TRIBUNAL, TRIVANDRUM .................... APPELLANT/APPLICANT/REVIEW PETITIONER : -------------------------------------------------------------------- K.DASAN, ODAYAMPARA THEKKUMKARA PUTHEN VEEDU, URIYACODE P.O VELLANAD (VIA), THIRUVANANTHAPURAM,NOW RESIDING AT THOTTARUKATHU VEEDU, MURINJAPALAM, POTTAKUZHI, THIRUVANANTHAPURAM. BY ADV. SRI.B.S.SWATHI KUMAR SRI.K.G.RENGANATH RESPONDENTS/RESPONDENTS/RESPONDENTS : --------------------------------------------------------------------- 1. S.SATHYAKUMAR, T.C.10/693, KAVINPURAM HOUSE, EDAKKU LANE, THIRUVANANTHAPURAM. 2. G.RAVEENDRAN NAIR, S/O.GANGADHARA PILLAI VADAKKEKARA VEEDU, THANIYODE, URIYACODE P.O., THIRUVANANTHAPURAM. 3. DIVISIONAL MANAGER, ORIENTAL INSURANCE COMPANY LTD., THEKKEKARAPARAMBU, THIRUVANANTHAPURAM. BY ADV. SRI.S.MAMMU - R3 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 09/07/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: M.N.KRISHNAN, J. -------------------------- M.A.C.A. No. 114 OF 2005 --------------------- Dated this the 9th day of July, 2008 JUDGMENT This appeal is preferred against the award passed by the Motor Accident Claims Tribunal, Thiruvananthapuram, in OP(MV) 1396/95. The Tribunal by its award dated 3.12.02 has awarded a compensation of Rs.44,200/- with 9% interest to the claimant and exonerated the Insurance Company from the liability on account of the fact that the claimant did not succeed in proving the policy. Subsequently the claimant filed IA 3804/02 for reviewing the award. It is submitted therein that there is a valid policy and the Insurance Company happened to deny the policy on account of the fact that it has misunderstood the number of the vehicle. However, the Tribunal did not entertain that application and dismissed the same. 2. The only point that arises for determination is regarding the existence of a valid policy for the vehicle which got involved in the accident. If there is a policy then certainly the Insurance Company is bound to indemnify the owner. It is submitted that the policy is valid and it has been produced along with the review application. I feel the matter requires reconsideration. MACA No.114/05 2 Therefore, the award under challenge is set aside to the extent it exonerate the Insurance Company from the liability. The claimant as well as the Insurance Company are permitted to produce documentary evidence as well as oral evidence in support of their respective contention regarding the existence of a valid policy on the date of the accident. Parties are directed to appear before the court below on 18.8.08. M.N.KRISHNAN, JUDGE vps MACA No.114/05 3