IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN TUESDAY, THE 21ST OCTOBER 2008 / 29TH ASWINA 1930 MACA.No. 2108 of 2007(A) ------------------------------------- O.P.(MV).NO.225/2002 OF MOTOR ACCIDENT CLAIMS TRIBUNAL, KALPETTA. .................... APPELLANT/PETITIONER: ------------------------------------- CINU T.CHERIYAN, S/O. LATE CHERIYAN, SENTINANAL ROCK ESTATE, VELLARMALA POST, MEPPADI, WAYANAD DISTRICT. BY ADV. SRI.GRASHIOUS KURIAKOSE, ADV. SMT.CELINE JOSEPH. RESPONDENTS/ RESPONDENTS: ------------------------------------------------ 1. ABDUL KHADER @ RAFEEQUE, S/O. IBRAHIM HAJEE, OTTAKKANJIRATHINGAL HOUSE, PUTHOOR POST, KODUVALLY. 2. M.K.KOYAKUTTY, POYILIL HOUSE, POOLAPOYIL POST 1, NEELESWARAM, KOZHIKODE. 3. THE BRANCH MANAGER, UNITED INDIA INSURANCE CO. LTD., DIVISIONAL OFFICE, MAVOOR ROAD, KOZHIKODE. BY THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING COME UP FOR ADMISSION ON 21/10/2008,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: prv. M.N.KRISHNAN, J ===================== MACA No.2108 OF 2007 ===================== Dated this the 21st day of October 2008 JUDGMENT This appeal is preferred against the award of the Motor Accidents Claims Tribunal, Wayanad in O.P.(MV)No.225 of 2002. The claimant filed an application for compensation and the Tribunal awarded him a compensation of Rs.2,940/-and exonerated the insurance company from the liability. The appeal is filed against that finding as well as the quantum. So far as the quantum is concerned, the claimant has only sustained some tenderness and was in the hospital for two days. The Tribunal has awarded Rs.2,940/-, which is adequate for the same. The insurance company was exonerated from the liability on the ground that the there was no valid policy. Learned counsel for the appellant has brought to my notice an additional written statement filed by the 3rd respondent before the Tribunal, whereby it has admitted the valid coverage of the vehicle KL/11-D 6071. This has not been considered by the Tribunal. In case there is any mistake committed by the Tribunal, the appellant is given liberty to file a review application. MACA 2108/2007 -:2:- Therefore the appeal is disposed of disallowing the prayer for enhancement of the quantum but directing the insurance company to pay the compensation amount as ordered by the Tribunal. The insurance company is also permitted to file a review application in case it disputes the genuineness of the additional written statement said to be filed before the Tribunal. M.N.KRISHNAN, JUDGE Cdp/-