IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN MONDAY, THE 4TH AUGUST 2008 / 13TH SRAVANA 1930 MACA.No. 2225 of 2006() ----------------------- OPMV.233/2002 of MOTOR ACCIDENT CLAIMS TRIBUNAL, PALA .................... APPELLANT/1ST RESPONDENT IN OP(MV)NO.233/02: -------------------------------------------------------------------------------- SEBASTIAN MATHEW, THURUTHIPALLIL HOUSE, AVOLI P.O., MUVATTUPUZHA. BY ADV. SRI.C.P.SAJI SMT.P.DEEPTHI RESPONDENTS: PETITIONER AND RESPONDENTS 2&3 IN OPMV NO.233/02 ---------------------------------------------------------------------------------------------------------------- 1. M.K.RAJAMMA, PULICKAL, VEMPALLY, LAKSHAMVEEDU COLONY, VEMPALLY P.O. 2. ANILKUMAR, S/O. PRABHAKARAN, INCHIKALAYIL HOUSE, VAZHAKKULAM, MANJALLU, ERNAKULAM. 3. THE ORIENTAL INSURANCE CO. LTD., MUVATTUPUZHA. BY ADV. SRI.THOMAS M.JACOB - R1 SRI.GEORGE CHERIAN (THIRUVALLA) - R3 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 04/08/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss M.N.KRISHNAN, J ===================== MACA No.2225 OF 2006 ===================== Dated this the 4th day of August 2008 JUDGMENT This appeal is preferred against the award of the Motor Accidents Claims Tribunal, Pala in O.P.(MV)No.233 of 2002. The Tribunal awarded a sum of Rs.24,310/- and directed respondents 1 and 2 to deposit the amount and exonerated the insurance company on the ground that there is no policy. Aggrieved by that decision, the owner has come up in appeal. Along with the appeal, he had produced a copy of the policy issued by the company. It can be seen that the policy bearing No.1523/2001 is issued with respect to vehicle No.KL-7 V 3524 which is a goods carrying vehicle manufactured by Tata. The policy is for the period from 1.1.2001 to 31.12.2001. It can further seen that the accident had taken place only on 29.8.2001 which means that there was a current valid policy at the time of the accident. It appears from the pleading of the insurance company that they have raised a contention that the said policy relates to a private car belonging to one Doctor Joseph Chacko. But, in fairness learned counsel for the insurance company also would submit that on a perusal of the policy, it is very clear MACA 2225/2006 -:2:- that it relates to the vehicle involved in the accident. Therefore the finding of the Tribunal that the insurance company is exonerated from liability is incorrect. So, the appeal is allowed and it is made clear that the 3rd respondent, viz., the insurance company is directed to indemnify the owner and it is directed to deposit the amount ordered by the Tribunal within 60 days from the date of receipt of a copy of this judgment. M.N.KRISHNAN, JUDGE Cdp/-