IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN FRIDAY, THE 23RD MAY 2008 / 2ND JYAISHTA 1930 MACA.No. 852 of 2008() ---------------------- OPMV.596/2001 of MOTOR ACCIDENT CLAIMS TRIBUNAL, PALAKKAD .................... APPELLANT:3RDRESPONDENT: ------------------------------------------------- UNITED INDIA INSURANCE CO.LTD., REP. BY ITS ASST MANAGER, REGIONAL OFFICE, SHARANYA, HOSPITAL ROAD, KOCHI-11. BY ADV. SRI.P.R.RAMACHANDRA MENON RESPONDENTS: PETITIONER AND RESPONDENTS 1 & 2 RESPECTIVELY: ------------------------------------------------------------------------------------------------------------- 1. K.M.MANOJ, AGED ABOUT 25 YEARS, S/O.K.C. MADHAVAN, KARAKKAD HOUSE, KINAVALLUR, PARLI POST, PALAKKAD TALUK. 2. ASHOK THOMAS, NEELATHUMUKKIL HOUSE, VARODE, POST VARODE, OTTAPPALAM TALUK. 3. ANISH.T. MOOKKAN,S/O. A.M.THOMAS, AGED ABOUT 35 YEARS, DO..DO.. BY THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING COME UP FOR ADMISSION ON 23/05/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: .2/- ORDER ON I.A.NO.1063/2008 IN M.A.C.A.NO.852/2008 DISMISSED 23/05/2008 SD/-M.N.KRISHNAN,JUDGE /TRUE COPY/ P.A.TO JUDGE M.N. KRISHNAN, J. = = = = = = = = = = = = = = M.A.C.A. NO. 852 OF 2008 = = = = = = = = = = = = = = = Dated this the 23rd day of May, 2008. J U D G M E N T This appeal is preferred against the award of the Motor Accidents Claims Tribunal, Palakkad in O.P.(MV)596/01. The insurance company is the appellant. In paragraph 16 of the award the Tribunal has clearly stated that on the date of the accident namely, 31/12/00 there was no valid policy for the reason that the policy has expired on 16.12.00. The Court also entered into a finding, “Therefore I find that the 3rd respondent is not liable to indemnify the first respondent for the vicarious liability for the negligence of the 2nd respondent”. But without any further discussion towards the operative portion of the award the Tribunal has directed the 3rd respondent to deposit the amount within a period of one month. There cannot be any liability if there is no policy. So most probably it may be a mistake committed by the Tribunal which has to be looked into. As I dispose of this appeal at the admission stage I set aside the award so far as M.A.C.A. 852 OF 2008 -:2:- it relates to the liability of the insurance company is concerned and direct the Tribunal to enter into a finding regarding the liability in the light of its own decision in the award and if necessary after hearing all concerned. M.N. KRISHNAN, JUDGE. ul/-