IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN MONDAY, THE 7TH JULY 2008 / 16TH ASHADHA 1930 MFA.No. 274 of 1999(B) -------------------------------- OPMV.26/1994 of MOTOR ACCIDENT CLAIMS TRIBUNAL, ALAPPUZHA .................... APPELLANT/3RD RESPONDENT IN OP(MV)NO.26/94 ------------------------------------------------------------------------- UNITED INDIA INSURANCE CO. LTD., KAYAMKULAM BRANCH REPRESENTED BY ITS DEPUTY MANAGER. ,MOTOR THIRD PARTY CLAIMES OFFICE, VETTUKATTIL BUILDING, P.B.NO.1835, JOS JUNCTION, KOCHI-682 016. BY ADV. SRI.K.P.VIJAYAN SRI.V.B.JINNAH SMT.C.B.SUMA DEVI RESPONDENTS/PETITIONER &RESPONDENTS 1 & 2 IN OP(MV).26/94 --------------------------------------------------------------------------------------------------- 1. P.MANIYAN, S/O.PAPPU,THEKKEVELIYIL HOUSE, KALAVOOR P.O., MARARIKULAM SOUTH PANCHAYAT, WARD-5, ALAPPUZHA. 2. R.RADHAKRISHNA PILLAI, S/O.M.K.RAMANPILLAI, RAJA NIVAS, VELLENKULANGARA, HARIPAD.P.O., ALLEPPEY. (* DIED) 3. T.S.SHAJI, S/O.SUKUMARAN,THOTTUNKAL, POLLATHAI.P.O., (VIA), S.L.PURAM, ALAPPUZHA. * ADDL. RESPONDENTS 4 TO 7 ARE IMPLEADED ADDL. R4. SMT.PREMA RADHAKRISHNAN, W/O.LATE SRI.RADHAKRISHNAN PILLAI, PREM NIVAS HOUSE, NEAR NAGARI TEMPLE, HARIPPADU.P.O. ADDL. R5. KUM. AMBILI, D/O.LATE SRI.RADHAKRISHNAN PILLAI, PREM NIVAS HOUSE, NEAR NAGARI TEMPLE, HARIPPADU.P.O ADDL. R6. MASTER AJAY, S/O.LATE SRI.RADHAKRISHNAN PILLAI, PREM NIVAS HOUSE, NEAR NAGARI TEMPLE, HARIPPADU.P.O. (MINOR) ADDL. R7. KUM. ANJALI, D/O.LATE SRI.RADHAKRISHNAN PILLAI, PREM NIVAS HOUSE, NEAR NAGARI TEMPLE, HARIPPADU.P.O. (MINOR) MFA.274 OF 1999 * IMPLEADED AS THE LEGAL HEIRS OF THE DECEASED 2ND RESPONDENT, AS PER ORDER DATED 01/07/08 IN I.A. NO.848/05. BY ADV. SRI.M.V.IBRAHIMKUTTY - R1 SRI.K.RAVU SRI.SAJITH KUMAR V. -R.4 THIS MISC. FIRST APPEAL HAVING COME UP FOR ADMISSION ON 07/07/2008,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ORDER ON C.M.P. NO.1422/1999 IN MFA.NO.274/1999 DISMISSED 07/07/2008. SD/- M.N.KRISHNAN, JUDGE // TRUE COPY // Rs/ M.N. KRISHNAN, J. = = = = = = = = = = = = = = = M.F.A.NO. 274 OF 1999 = = = = = = = = = = = = = = = Dated this the 7th day of July, 2008. J U D G M E N T This appeal is preferred against the award of the Motor Accidents Claims Tribunal, Alappuzha in OP(MV)26/94. One Maniyan sustained injuries in a road accident. The allegations being that the scooter driven by the 2nd respondent, Shaji in the claim petition hit on the bicycle ridden by Maniyan resulting in injuries to him. It is specifically averred that the 2nd respondent was riding the scooter bearing No.KLY-1386 of which the first respondent in the claim petition is said to be the owner. The Tribunal awarded a compensation of Rs.12,000/- and negatived the contention of the insurance company regarding their non-liability. 2. The whole question now centers round for consideration is whether the first respondent in the O.P. was the owner of the vehicle and whether there was a policy covering the vehicle. The Tribunal relied upon the police MFA 274 of 1999 -2- records to come to the conclusion regarding the validity of the policy. The policy copy made available would show that its certificate No. is 5316/92 and it is issued in favour of a scooter bearing registration No.KL-4/6915 and the Validity period being from 9.4.92 to 8.4.93. Policy number is also quoted there. It is the very same policy number and certificate number that finds a place in the police records. But the vehicle number involved is KLY 1386. If the vehicle involved is KLY 1386, then the policy does not relate to that vehicle at all. Secondly, even if it relates to that vehicle it had only validity up to 8.4.93 whereas the accident had taken place on 14.10.93. So the finding of the Tribunal on the basis of this policy that there was a valid insurance company coverage for the vehicle involved in the accident bearing registration No.KLY 1386 is absolutely incorrect and that requires to be interfered with. Now, during the pendency of the appeal the owner died and his legal representatives are impleaded as supplemental respondents 4 to 9. The 4th respondent is represented by counsel also. She is none other than the wife of the deceased Radhakrishna Pillai. Therefore the award under challenge is MFA 274 of 1999 -3- set aside and the matter is remitted back to the Tribunal for following consideration. (1) The Tribunal has to definitely enter into a finding whether it was KLY 1386 that got involved in the accident or KL-4/6915. (2) Whether Sri.Radhakrishna Pillai was the owner of the vehicle KLY 1386, if it is the vehicle involved. (3) Whether there was insurance coverage for the said vehicle and if so, with which company and the period of the currency of the policy? (4) In all these matters all the parties are directed to produce documentary as well as oral evidence in support of their respective contentions and the 4th respondent in the appeal is also permitted to file written statement and prosecute the case and the Tribunal is directed to dispose of the matter in accordance with law. Parties are directed to appear before the Tribunal on 18.8.08. M.N. KRISHNAN, JUDGE. ul/- MFA 274 of 1999 -4- M.N. KRISHNAN, J. = = = = = = = = = = M.F.A. No. 274 OF 1999 = = = = = = = = = = = J U D G M E N T 7th July, 2008.