IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN THURSDAY, THE 7TH AUGUST 2008 / 16TH SRAVANA 1930 MFA.No. 206 of 2003(D) ---------------------- OPMV.1268/1994 of MOTOR ACCIDENT CLAIMS TRIBUNAL, ERNAKULAM .................... APPELLANT: 3RD AND 5TH RESPONDENTS: ------------------------------------------------------------------ UNITED INDIA INSURANCE CO.LTD., REPRESENTED BY THE DEPUTY MANAGER, THIRD PARTY CLAIMS CELL, VETTUKATTIL BUILDING, M.G. ROAD, ERNAKULAM, KOCHI-16. BY ADV. SRI.MATHEWS JACOB (SR.) RESPONDENTS: PETITIONER/1ST, 2ND AND 4TH RESPONDENTS: ------------------------------------------------------------------------------------------------- 1. THOMAS. A., S/O. EPEN ANTHROYOSE, ANIOAPARAMBIL HOUSE, KUNJIKHADER LANE, NEAR PARUTHELI PALAM, EDAPPALLY P.O. 2. ABRAHAM V. MATHEW, VARIKKOLI PUTHEN VEEDU, NEAR G.B.H.S., PATHANAMTHITTA, PIN-689 645. 3. MOHAN PILLAI, S/O. NANAPPAN PILLAI, VATTOMKATHIL HOUSE, KOZHENCHERRY, PATHANAMTHITTA, PIN-689 645. 4. NATIONAL INSURANCE COMPANY LTD., PATHANAMTHITTA. ADV. SRI.A.P.SUBHASH FOR R1 SRI.LITTO VARGHESE PALATHINKAL FOR R1 SRI.V.PHILIP MATHEW FOR R2 SRI.LAL GEORGE FOR R4 THIS MISC. FIRST APPEAL HAVING BEEN FINALLY HEARD ON 07/08/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss ORDER ON C.M.P.NO.923/2003 IN M.F.A.NO.206/2003 DISMISSED 7/08/2008 SD/- M.N.KRISHNAN, JUDGE /TRUE COPY/ P.A.TO JUDGE Kss M.N.KRISHNAN, J. -------------------------- M.F.A. No. 206 OF 2003 --------------------- Dated this the 7th day of August, 2008 JUDGMENT This appeal is preferred against the award passed by the Motor Accident Claims Tribunal, Ernakulam, in OP(MV) 1268/94. Subsequently, by letter dated 3.4.04, the Motor Accident Claims Tribunal had informed this court that the appeal MFA 206/03 has arisen out of the award passed by the Motor Accident Claims Tribunal in OP(MV) 1268/95. The claimant has impleaded 3rd respondent in the claim petition, namely United India Insurance Co. Ltd., Pathanamthitta, as the insurer of the vehicle. But, subsequently it has impleaded National Insurance Co. Ltd., Pathanamthitta, as well as United India Insurance Co. Ltd., Kochi, also as parties. Therefore the claimant has succeeded in confusing to the maximum regarding the policy of the vehicle. An unauthorised copy was produced as if there was a policy with the United India Insurance Co. Ltd. and the Tribunal did not accept it. But ultimately the Tribunal directed that third respondent to pay the amount. It has to be remembered that national Insurance Company, who is R4, has MFA No.206/03 2 admitted the policy in its cost. So there is lot of confusion now. It has to be found whether the vehicle is insured with the United India Insurance Co. Ltd. or National Insurance Co. Ltd. After entering into a finding, the liability may be cast on the company which had issued the policy. For this purpose the matter has to go back. Therefore the award under challenge is set aside to the limited extent of fining which is the Insurance Company that had issued the policy of the offended vehicle. For that purpose both the Insurance Companies as well as the claimant are permitted to produce documentary as well as oral evidence in support of the same and the Tribunal shall dispose of the matter in accordance with law within a period of three months from the date of receipt of a copy of this judgment. Parties are directed to appear before the Tribunal on 17.9.08. M.N.KRISHNAN, JUDGE vps MFA No.206/03 3