IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN MONDAY, THE 13TH OCTOBER 2008 / 21ST ASWINA 1930 MACA.No. 1033 of 2006(C) ------------------------------------- AGAINST THE ORDER DATED 22/01/2003 IN O.P(MV).NO.2945/1994 OF MOTOR ACCIDENT CLAIMS TRIBUNAL, KOTTAYAM. .................... APPELLANT/ 3RD RESPONDENT IN THE O.P (MV): ----------------------------------------------------------------------- NATIONAL INSURANCE COMPANY LIMITED PUTHENCHANTHA, THIRUVANANTHAPURAM, REP. BY ITS ASSISTANT MANAGER, MOTOR THIRD PARTY CLAIM SECTION, AJAY VIHAR, M.G. ROAD, ERNAKULAM. BY ADV. SRI.LAL GEORGE. RESPONDENTS/ PETITIONER AND RESPONDENTS 1 & 2 IN THE O.P. (MV): ---------------------------------------------------------------------------------------------------------- 1. M.J. ANTONY @ ANTONY, RESIDING AT RESMIVILLA HOUSE, NEAR MAHADEVA TEMPLE, MARIYAPPALLY KARA, NATTAKOM VILLAGE. 2. MR. A. GOPINATHAN, SUPERINTENDENT OF POLICE, HOUSE NO.XII/20, ALUVA. *3. P.C. VARGHESE, CIRCLE INSPECTOR OF POLICE, MARIMANNOOR. *(DIED). *ADDL.R4 & R5 IMPLEADED: *4. A. MOLLYKUTTY VARGHESE, W/O. LATE P.C. VARGHESE, RTD. CIRCLE INSPECTOR OF POLICE, THALASSERIL PUTHEN PURAYIL, EAST OTHARA.P.O., ERAVIPEROOR, PATHANAMTHITTA. M.A.C.A. NO. 1033/2006-C: *5. SHEREEN VARGHESE, D/O. LATE P.C. VARGHESE, RTD. CIRCLE INSPECTOR OF POLICE, THALASSERIL PUTHEN PURAYIL, EAST-OTHARA.P.O., ERAVI PEROOR, PATHANAMTHITTA. LRS. OF DECEASED R3. ARE IMPLEADED AS ADDL. RESPONDENTS 4 & 5 AS PER ORDER DATED 24/03/2008 IN I.A. 2970/2007. ADV. SRI.M.P.MADHAVANKUTTY FOR R1, ADV. SRI.S.RAJEEV FOR R2, ADV. SRI.V.V.NANDAGOPAL NAMBIAR FOR R4 & R5, ADV. SRI.T.P.PRADEEP FOR R4 & R5. THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 13/10/2008, ALONG WITH M.A.C.A NO. 1145/2006, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: prv. M.N.KRISHNAN, J ===================== MACA Nos.1033 & 1145 OF 2006 ===================== Dated this the 13th day of October 2008 JUDGMENT MACA No.1033 of 2006 is filed against the award in O.P.(MV) No.2945 of 1994 and MACA No.1145/2006 is filed against the award in O.P.(MV)No.101/1995 of the Motor Accidents Claims Tribunal, Kottayam. The Tribunal, as per the award granted a compensation of Rs.33,250/- in O.P.(MV)No.2945/1994 and Rs.15,500/- in O.P.(MV)No.101/1995. The insurance company has come up in appeal challenging its liability. It is contended by the learned counsel for the insurance company that there is no policy for the vehicle and so it is not liable to indemnify the owner. Meanwhile there is a contention for the first respondent in the claim petition that he has transferred the vehicle to the second respondent. So, it has to be stated that everything is in dispute and the Tribunal has not considered the matter in the proper perspective at all. Since the award passed by the Tribunal requires interference, I feel the entire award can be set aside and all the questions can be decided by the Tribunal afresh. Therefore the award under challenge is set aside and the matter is MACAs 1033/06 & 1145/06 -:2:- remitted back to the Tribunal for fresh consideration after affording equal opportunity to both sides to adduce both oral and documentary evidence in support of their respective contentions and then dispose of the matter in accordance with law. By virtue of setting aside the original award, there will not be any impact in the order passed on the review application. Parties are directed to appear before the Tribunal on 20.11.2008. MACAs are disposed of as above. M.N.KRISHNAN, JUDGE Cdp/-