IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN FRIDAY, THE 27TH JUNE 2008 / 6TH ASHADHA 1930 M.A.C.A.No. 390 of 2003(C) ----------------------- OP(MV).272/1999 of MOTOR ACCIDENT CLAIMS TRIBUNAL, PARAVUR .................... APPELLANT/PETITIONER: ---------------------- RAMESH, S/O. CHANDRAKALADHARAN, ELENTHIKKAL HOUSE, (LAKSHMI NIVAS), LOKAMALESWARAM KARA, KODUNGALLOOR VILLAGE, KODUNGALLOOR TALUK. BY ADV. SRI.B.RAMACHANDRAN RESPONDENTS/RESPONDENTS: ----------------------- *1. GOPI, S/O. AYYAPPAN, NIKATHIL HOUSE, ATTETHARA PALLIKKADAVU BHAGAM, VALLUVALLY KARA, KOTTUVALLY VILLAGE, N.PARAVUR, TALUK. *2. ABDUL KHADER K.M., KANJIRATHUNGAL HOUSE, THAIKKATTUKARA, ALUVA. (R1 AND R2 ARE DELETED FROM THE PARTY ARRAY AT THE RISK OF THE APPELLANT AS PER ORDER DATED 8/8/2007 IN I.A.NO.1708/2007.) 3. ORIENTAL INSURANCE COMPANY LTD., P.M.A BUILDING, 1ST FLOOR, BANK JUNCTION, ALUVA. BY ADV. SRI.MATHEWS JACOB (SR.) - R3 SRI.P.JACOB MATHEW - R3 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 27/06/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: M.N.KRISHNAN, J. -------------------------- M.A.C.A. No. 390 OF 2003 --------------------- Dated this the 27th day of June, 2008 JUDGMENT This appeal is preferred against the award passed by the Motor Accident Claims Tribunal, North Paravur, in OP(MV) 272/99. The claimant sustained injuries in a motor vehicle accident involving an Autorickshaw. The Tribunal awarded a compensation of Rs.16,800/-, exonerated the Insurance Company from the liability and directed respondents 1 and 2 to pay the amount jointly and severally. It is against the total exoneration of the Insurance Company, the claimant has come up in appeal. 2. Heard learned counsel for the appellant as well as for the Insurance Company. Respondents 1 and 2 had not chosen to challenge the award. This court had permitted their deletion as per IA No.1708/07. It has to be stated that Section 147 of the Motor Vehicles Act ensures cover of the risk of third party. When a policy is issued and there is a breach of policy conditions, necessarily in the case of a third party, the Insurance Company has to pay the amount and get it reimbursed from the owner of the vehicle. Therefore the MACA No.390/03 2 Tribunal was not correct in exonerating the Insurance Company totally from the liability. To that extent, the appeal is to be allowed. Therefore, the MACA is allowed and the finding of the Tribunal exonerating the Insurance Company totally is set aside and the Insurance Company is directed to satisfy the award and realise the amount from the owner by execution of the very same award. M.N.KRISHNAN, JUDGE vps MACA No.390/03 3