IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN FRIDAY, THE 4TH JULY 2008 / 13TH ASHADHA 1930 MACA.No. 2060 of 2007(G) ------------------------------------ OPMV.1572/1998 of MOTOR ACCIDENT CLAIMS TRIBUNAL, PERUMBAVOOR .................... APPELLANT/RESPONDENT NO.2 : ------------------------------------------------ BABU, S/O.SANKARA MANI, KARIMPURATH HOUSE, SIVAJIPURAM, THURAVOOR KARA, THURAVOOR VILLAGE. BY ADV. SRI.K.SUNILKUMAR SRI.R.T.PRADEEP RESPONDENTS/PETITIONER/RESPONDENTS 1 & 3 : ------------------------------------------------------------------------- * 1. FRANCIS, S/O.PAPPU, KALLUNGA VEETIL, MATTOOR KARA, MATTOOR VILLAGE. (REMOVED) 2. BABU, S/O.PAPPACHAN, CHOVVARAN HOUSE, MATTOOR KARA, MATTOOR VILLAGE. 3. THE ORIENTAL INSURANCE CO. LTD., BRANCH OFFICE, ANGAMALY. BY ADV. SRI.S.MOHAMMED AL RAFI - R2 SRI.GEORGE CHERIYAN SRI.GEORGE CHERIAN (THIRUVALLA) - R3 * R1- FRANCIS, S/O.PAPPU, KALLUNGA VEETIL, MATTOOR KARA, MATTOOR VILLAGE - IS REMOVED FROM THE PARTY ARRAY AS PER ORDER DATED 16.11.2007 IN I.A.2695/07 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 04/07/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: MACA.No. 2060 of 2007(G) ORDER IN I.A.NO.1603/2008 IN M.A.C.A.2060/2007 DISMISSED 04.07.2008 SD/- M.N.KRISHNAN, JUDGE -TRUE COPY- P.A. TO JUDGE pac M.N.KRISHNAN, J. -------------------------- M.A.C.A. No. 2060 OF 2007 --------------------- Dated this the 4th day of July, 2008 JUDGMENT This appeal is preferred against the award passed by the Motor Accident Claims Tribunal, Perumbavoor, in OP(MV) 1572/98. The claimant was a passenger in an autorickshaw and due to the over speed of the auto driver, it turned turtle resulting in sustainment of injuries to the claimant. The Tribunal found that the accident took place on account of the negligence of the auto driver. Tribunal also found that there was no fitness certificate in respect of the autorickshaw at the time of the accident. It is against that decision the owner has come up in appeal. 2. Heard the counsel for both sides. The Tribunal had entered into a categorical finding regarding the absence of a fitness certificate. Fitness certificate is a sine qua non for plying a vehicle especially, when it carries the public. It amounts to breach of policy conditions. Tribunal also held that since the claimant is a third party he must be given the compensation and the amount is to be realised from the respondent namely the owner. It has to be stated that there is nothing wrong in the decision of the Tribunal which has directed the Insurance Company to pay and recover it from respondents 1 and 2 in the claim application. The appeal is devoid of merits and it is accordingly dismissed. M.N.KRISHNAN, JUDGE vps