IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN THURSDAY, THE 24TH SEPTEMBER 2009 / 2ND ASWINA 1931 MACA.No. 386 of 2009() -------------------------------- OPMV.3483/2002 of MOTOR ACCIDENT CLAIMS TRIBUNAL, THRISSUR .................... APPELLANT/3RD RESPONDENT: --------------------------------------------- THE UNITED INDIA INSURANCE COMPANY LTD., REP. BY ITS DY. MANAGER, REGIONAL OFFICE, SHARANYA, HOSPITAL ROAD, ERNAKULAM. BY ADV. SMT.RAJI T.BHASKAR RESPONDENTS/PETITIONER & RESPONDENTS 1 & 2 RESPECTIVELY: --------------------------------------------------------------------------------------------------- 1. V.K. BENNY (41 YEARS), S/O. KUNJAPPAN, VAZHAPPILLY HOUSE, P.O. CHELAKKARA, THRISSUR. 2. MANOJ KUMAR, S/O. ACHUTHAN, KODATHODE HOUSE, P.O. CHITTANJOOR, KUNNAMKULAM (VIA), THRISSUR. 3. P.M. UMMAR, PUTHANPEEDIKAYIL HOUSE, P.O. THOZHUPADAM, CHELAKKARA, THRISSUR. R1 BY ADV. MR.SHEJI P.ABRAHAM. R2 BY ADV. MR.ROJO J.THURUTHIPARA, MR.K.J.VINCENT. R3 BY ADV. MR.BINOY VASUDEVAN THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 24/09/2009, THE COURT ON THE SAME DAY DELIVERD THE FOLLOWING: MACA.No. 386 of 2009 ORDER ON I.A. NO.462/2009 IN MACA NO.386/2009 DISMISSED 24/09/2009. SD/- M.N.KRISHNAN, JUDGE //TRUE COPY// P.A. TO JUDGE rs. M.N. KRISHNAN, J. = = = = = = = = = = = = = = M.A.C.A. NO. 386 OF 2009 = = = = = = = = = = = = = = = Dated this the 24th day of September, 2009. J U D G M E N T At the outset I may like to state that the Tribunal has not applied its mind properly at all to the case and therefore it requires interference. Here is a case where one Alwin is found to be negligent for driving the motorcycle. He is not even made a party and the negligence is affixed on him. It is not known why the first respondent is excluded from the liability when the claimant sustains a plea that the accident had taken place on account of the rash and negligent driving of the first respondent in the petition. Or In order to resolve the controversy in this case the Court has to arrive at a decision who was driving the vehicle and thereafter should decide whether the owner is vicariously liable and then direct the insurance company to indemnify if it is covered by the policy conditions. Whether there are breach of policy conditions which would entitle the insurance company to get exclusion of the liability or reimbursement of the amount M.A.C.A. 386 OF 2009 -:2:- from the owner is also a matter that requires consideration by the Tribunal. Therefore the entire award passed by the Tribunal is set aside and the matter is remitted back to the Tribunal by giving an opportunity to the claimant to implead Alwin, if he so wants, or otherwise face the consequences. Parties are permitted to produce both documentary as well as oral evidence in support of their respective contentions and let the matter be disposed of in accordance with law. Parties are directed to appear before the Tribunal on 19.11.2009. If the amount deposited by the insurance company is in deposit, let it remain in the Court deposit till a final decision is taken in the matter. M.N. KRISHNAN, JUDGE. ul/-