IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.GIRI THURSDAY, THE 18TH JUNE 2009 / 28TH JYAISHTA 1931 WP(C).No. 26624 of 2005(T) -------------------------- PETITIONER(S): --------------- 1. MAMMALIKANDY CHANDRI, D/O.SHANKUNNY, KURUKKANMOTTAMMAL HOUSE, KEEZHATHUR, P.O.PATHIRIYAD, KANNUR DISTRICT. 2. MAMMALIKANDY SARADA, D/O. SHANKUNNY, DO. DO. 3. MAMMALIKANDY SADANANDAN, S/O. SHANKUNNY, DO. DO. BY ADV. SRI.GRASHIOUS KURIAKOSE SRI.GEORGE MATHEWS RESPONDENT(S): --------------- 1. A.SREEDHARAN, S/O.KUNHAMBU, KALLYANI MANDIRAM, KEEZHTHALLY, P.O.THOTTADA, KANNUR DISTRICT. 2. KOTTAKALLIL RAJAN, S/O.KUNHAPPAN, KOTTAKKALLIL HOUSE, P.O.KAVUMBAYI, KOOTTUMUGHAM. 3. UNITED INDIA INSURANCE COMPANY LTD., KANNUR. ADV. SRI.JOSICHAN KORAH JOSE FOR R1,2 SRI.M.A.GEORGE FOR R3 THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 18/06/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: V.GIRI, J ------------------- W.P.(C).26624/2005 -------------------- Dated this the 18th day of June, 2009 JUDGMENT In relation to a motor vehicle accident involving the petitioners' father, an application was filed by the petitioners claiming benefit under the Motor Vehicles Act. Accepting the contentions taken by the Insurance Company that there is no valid insurance coverage, Ext.P1 award was passed by the Tribunal allowing compensation enabling recovery only from the owner or the driver. It seems that later both the owner/driver and the Insurance Company filed applications, Exts.P2 and P3, seeking to get the award set aside on the ground that there was valid insurance policy coverage at the time of the accident. In spite of Ext.P3, Tribunal proceeded to dismiss the same as per Ext.P4 which has been challenged in this writ petition. 2. Insurance Company has entered appearance and the learned counsel for the Insurance Company W.P.(C).26624/2005 2 submits that the Company had accepted its liability to satisfy the Award. Therefore the amount shall be deposited without any further delay. 3. In the result, Ext.P4 order is set aside. It is declared that the 3rd respondent Insurance Company is liable to satisfy Ext.P1 award. Accordingly, Ext.P1 award will also stand suitably modified in terms of the declaration. Writ petition is disposed of as above. V.GIRI, Judge mrcs