IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.PADMANABHAN NAIR THURSDAY, THE 28TH FEBRUARY 2008 / 9TH PHALGUNA 1929 MFA.No. 762 of 2002() --------------------- OPMV.306/1995 of MOTOR ACCIDENT CLAIMS TRIBUNAL, PARAVUR .................... APPELLANT: PETITIONER --------------------- 1. GRACY, AGED 28 YEARS W/O.JOSE, ATTIPETTY HOUSE, OCHANTHURUTH P.O., ERNAKULAM DISTRICT. BY ADV. SRI.G.BALAMURALEEDHARAN (PARAVUR) RESPONDENTS: RESPONDENTS ------------------------ 1. BHOJWANI MOHANDAS S/O.KESAVDAS, A/P.10/1139 B, KADAPAN, ISHALKARAM DISTRICT KOLLAPUR, NOW RESIDING AT HOUSE NO.8/83, SOUTH CHERALAI, COCHIN-2 2. M.N.THULASIDAS, BHOSWANI, HOUSE NO.8/83, SOUTH CHERALAI, COCHIN-2 3. ORIENTAL INSURANCE CO. LTD., BRANCH OFFICE, PALLIMUKKU, M.G.ROAD, ERNAKULAM R3 BY ADV. SRI.ANCHAL C.VIJAYAN THIS MISC. FIRST APPEAL HAVING BEEN FINALLY HEARD ON 28/02/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K. PADMANABHAN NAIR ,J. ------------------------------------------------- M.F.A.No.762 of 2002 ------------------------------------------------- Dated, this the 28th day of February, 2008 JUDGMENT The claimant in O.P.(MV) No.306/1995 on the file of the Motor Accidents Claims Tribunal, North Paravur is the appellant. Appellant filed a Original Petition claiming an amount of Rs.70,000/- as compensation impleading the owner, driver and insurer of the motor cycle bearing registration No.KL-7- 4581. It was averred that while appellant was walking along with the side of Vypin - Munambam road at about 5 p.m. on 4.8.1994 a motor cycle bearing registration No.KL-7- 4581 ridden by the first respondent in a rash and negligent manner came and hit against her causing injuries. Owner and rider remained exparte. Insurer alone contested the matter. It was contended that a policy was issued to a motor cycle bearing engine No.11927 and chasis No.08179 and registration No.KL-7 G/4618. It was also contended that the vehicle involved in the accident was KL-7-4581 and that vehicle was not insured by respondent No.3. Negligence alleged and quantum of compensation claimed were disputed. In the claim petition initially the number of vehicle was shown as KL-7 458. Subsequently it was corrected as KL-7- 4581. Thereafter for the third time the number of the vehicle was corrected as KL-7 G/4618. Tribunal held that the insurer admits the policy in respect of vehicle bearing KL-7 G/4618. According to the appellant the vehile involved in the accident was KL -7- 4581. Tribunal noted the fact that in the final MFA No.762/2002 2 report the number of the vehicle involved in the accident was KL-7 -4581. Though the registration particulars of vehicle bearing registration No.KL -7 - 4581 were produced the Tribunal took a view that there was no connecting link and dismissed the Original Petition. Challenging that award this appeal is filed. 2. Before this Court also the appellant produced the registration particulars of the vehicle, photocopy of the insurance certificate, the temporary certificate of registration and also the report of inspection prepared after accident. In all these cases the engine and chasis numbers were shown as 94F 10E 11927 and 94F 12F 08179 respectively. Appellant produced a temporary certificate of registration also. Under the provisions of Section 43 of Motor Vehicles Act temporary registration certificate will be given only for 30 days and within that period the vehicle has to be registered. So it goes without saying that on the date of accident a hero honda motor cycle having chasis No.94F 10E 11927 and engine No.94F 12 F 08179 was having only a temporary registration. In fact the registration number of the vehicle was not stated in the policy issued by the insurer. It shows that policy was issued while the vehicle was purchased from the show room. The name of owner of the vehicle shown in the insurance policy, temporary certificate of registration and regular registration certificate are one and the same. So it is clear that KL - 7 -4581 was the temporary registration number of the vehicle which was subsequently assigned a regular registration number as KL -7 G/4618 and both the registration numbers pertain to one and the same MFA No.762/2002 3 vehicle, that is to say 'Hero Honda CD 100 SSM/cycle with chasis No.94F 12F 08179 and engine No.94F 10E 11927. So the dismissal of Original Petition is unsustainable. Tribunal has not considered the quantum of compensation entitled to the appellant and also the person liable to pay the same. For deciding that matters, the case has to go back. In the result, appeal is allowed. It is found that registration Nos.KL -7 -4581 and KL-7 G/4618 were the temporary registration number as well as the regular registration number of one and the same vehicle which was involved in the accident. The award passed by the Tribunal on 7.9.2001 dismissing O.P.(MV) No.306/1995 is hereby set aside. Case is remanded to Tribunal for determining the quantum of compensation and the person who is liable to pay compensation amount. Parties are directed to appear before the Tribunal on 26.3.2008. K. PADMANABHAN NAIR, JUDGE. cks MFA No.762/2002 4 K.PADMANABHAN NAIR, J. M.F.A.No.762 of 2002 JUDGMENT 28th February, 2008.