IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE A.K.BASHEER & THE HONOURABLE MR. JUSTICE P.Q.BARKATH ALI MONDAY, THE 21ST FEBRUARY 2011 / 2ND PHALGUNA 1932 MACA.No. 1195 of 2010() ----------------------- ( O.P.(MV)NO.1921/2005 OF MACT, PERUMBAVOOR) APPELLANTS/PETITIONERS ------------------------ 1. ANU JACOB,AGED 17 YEARS(MINOR) (D.O.B-30.12.1992),D/O.LATE YACOB,THOMBRAYIL(H) ALLAPRA.P.O,REPRESENTED BY MATHEW T.PAUL, S/O.PAULOSE,THOMBRAYIL HOUSE,ALLAPRA.P.O, PERUMBAVOOR. 2. PRINCE(MINOR)(D.O.B.14.09.2001) AGED 9 YEARS,S/O.LATE YACOB,THOMBRAYIL(H),DO. DO. 3. MARIAMMA CHERIAN,W/O.CHERIAN,AGED 76 YRS CHENGRAKUDYIL(H),PATTIMATTOM.P.O,VALAMPUR, PATTIMATTOM VILLAGE. BY ADV. SMT.V.O.PHILOMINA RESPONDENT(S): RESPONDENTS -------------------------- 1. K.V.VINOD,S/O.VELAPPAN,KOLLAMPARAMBIL, MOOTHAKUNNAM,MADAPLATHURUTH,NORTH PARAVOOR TALUK. 2. T.P.SREELAL,S/O.RAVINDRAN, THALIKPADATH HOUSE,MANNAM.P.O,PIN-683520, NORTH PARAVOOR. 3. THE UNITED INDIA INSURANCE CO.LTD; JOSE TRUST HLDG;CHITOOR ROAD,COCHIN BRANCH. ADV. SRI.RAJAN P.KALIYATH FOR R3 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING COME UP FOR ADMISSION ON 21/02/2011 ALONG WITH MACA NO. 1394 OF 2010, MACA NO. 1660 OF 2010 THE COURT ON THE SAME DAY PASSED THE FOLLOWING: A.K.BASHEER & P.Q.BARKATH ALI, JJ. - - - - - - - - - - - - - - - - - - - - - M.A.C.A.Nos.1195, 1394 & 1660 OF 2010 - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 21st day of February, 2011 JUDGMENT Barkath Ali, J. The claimants in O.P.(MV)No.1921/2005 and 1923/2005 on the file of Motor Accidents Claims Tribunal, Perumbavoor are the appellants in M.A.C.A.No.1195/2010 & 1394/2010. The claimant in O.P.(MV)No.1953/2005 is the appellant in M.A.C.A.No.1660/2010. The appellants in M.A.C.A.No.1195/2010 & 1394/2010 filed claim petitions seeking compensation for the loss caused to them on account of the death of deceased T.P.Yacoob and Achakutty, the father and mother of the appellants, in a motor accident. The appellant in M.A.C.A.No.1660/2010 filed the claim petition seeking compensation for the loss caused to him on account of the injuries sustained by him in a motor accident. 2. The facts in brief are these : On November 2, 2004 at about 7.30 a.m., while deceased T.P.Yacoob and Achakutty and his son ( claimant in O.P.(MV) MACA.No.1195/2010 & connected cases 2 No.1953/2005) were travelling in a motor cycle bearing Reg.No.KL- 13/H-2310 from Kunijipilly to Mahe along Kozhikode-Kannur National Highway and when they reached at Azhiyoor Amsom, they were knocked down by a pick up van bearing Reg.No.KL-7/AQ-5832 driven by the first respondent. Alleging negligence against the first respondent, the claimants filed O.P(MV)No.1921/2005 and 1923/2005 seeking compensation of Rs.5,00,000/- and Rs.27,00,000/- respectively. The claimant filed O.P.(MV)No.1953/2005 seeking a compensation of Rs. 15,000/-. 3. Respondents 1 and 2, the driver and the owner of the offending pick up van remained absent before the Tribunal. The third respondent the insurer of the offending tempo van filed a written statement denying the policy coverage of the pick up van. 4. The Tribunal jointly tried all these claim petitions and a common award was passed. Exts.A1 to A18 were marked on the side of the claimants before the Tribunal. No evidence was adduced by the contesting third respondent. The Tribunal on an appreciation of evidence found that the accident occurred due to the negligence of the MACA.No.1195/2010 & connected cases 3 driver of the pick up van, the first respondent and awarded Rs. 3,82,500/- in O.P.(MV)No.1921/2005, Rs.4,00,500/- in O.P.(MV) No.1923/2005 and Rs.5,200/- in O.P.(MV)No.1953/2005 with interest @ 8% from the date of petition till realisation against respondents 1 and 2. As the Insurance Company denied the policy coverage, the Tribunal exonerated the third respondent, the Insurance Company, from the liability. The claimants in O.P.(MV)No.1921/2005 & 1923/2005 and the claimant in O.P.(MV)No.1953/2005 have now come up in appeal challenging the above finding of the Tribunal exonerating the third respondent, Insurance Company from the liability. 5. Heard the counsel for the appellants and the counsel for the Insurance Company. 6. The Tribunal exonerated the Insurance Company on the ground that the second respondent, the owner of the offending vehicle did not produce the copy of the policy. When the appeals came up for consideration today, learned counsel for the Insurance Company fairly conceded that the offending vehicle is covered by a valid insurance policy. Therefore, the third MACA.No.1195/2010 & connected cases 4 respondent is bound to indemnify the second respondent, the owner of the offending vehicle. The third respondent shall deposit the amount awarded by the Tribunal with interest and cost before the Tribunal within two months from the date of receipt of a copy of this judgment. All the above appeals are disposed of as found above. A.K.BASHEER, JUDGE P.Q.BARKATH ALI, JUDGE sv. MACA.No.1195/2010 & connected cases 5