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 28TH FEBRUARY 2011 / 9TH PHALGUNA 1932 MACA.No. 810 of 2005 ------------------------------------ OPMV.3365/1995 of MOTOR ACCIDENTS CLAIMS TRIBUNAL, VADAKARA .................... APPELLANT : APPELLANT/1ST RESPONDENT: --------------------------------------------------------------------------- ABDUL SALIM K.K., S/O. M.K. KOYA, KOLLONNUMMEL HOUSE, UNNIKULAM AMSOM, KANTHAPURAM DESOM, (DRIVER KRZ 3793 JEEP) DL.NO.2641/92, BADGE NO.1885/93. BY ADV. SRI.SUNNY MATHEW RESPONDENTS : PETITIONER: ------------------------------------------------- 1. HAFSAKUTTY, W/O. MOHAMMEDKUTTY, THANDIYEKKAL HOUSE, POST KAKKAD, ENGAPUZHA AMSOM DESOM, KAKKAVAYAL. 2. MEENKAVUMMEL BASHEER, S/O. MOIDU P.O. AVALA, VIA. MEPPAYUR, VATAKARA (R.C. OWNER OF JEEP KRZ 3793). 3. BRANCH MANAGER, UNITED INDIA INSURANCE COMPANY LTD., BRANCH OFFICE, VELIMANNA BUILDING THAMARASSERY, POLICY NO.100312/31/50/11/93/10054. ADV. SRI.N.S.MOHAMMED USMAN FOR R3 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 28/02/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: A.K.BASHEER & P.Q.BARKATH ALI, JJ. - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - M.A.C.A.No.810 OF 2005 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 28th day of February 2011 JUDGMENT Basheer, J. Appellant is admittedly the driver of the vehicle which was involved in a road traffic accident. The vehicle belonged to respondent No.2 in this appeal. The only question that arises for consideration in this appeal is whether the Tribunal was justified in holding the appellant/driver and the owner of the vehicle liable to pay the compensation to the claimant. According to the appellant, respondent No.3/insurance company had issued a valid policy certificate in respect of the vehicle and that the policy was in force at the time of the accident. A photocopy of the policy has been produced along with the memorandum of appeal. 2. After getting instructions, learned counsel for respondent No.3/insurance company submits that the company had issued a policy certificate in respect of the vehicle and that the policy was in force at the time of the accident. 3. In that view of the matter, the award passed by the Tribunal is modified and it is held that respondent No.3 shall be liable to pay the compensation to respondent No.1/claimant. Respondent No.3 shall deposit the amount awarded by the Tribunal within one month from the date of receipt of a copy of this judgment. On such deposit being made, the amount shall be released to the appellant, who has already satisfied the award. Appeal is disposed of as above. A.K.BASHEER, JUDGE P.Q.BARKATH ALI, JUDGE jes