IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN TUESDAY, THE 12TH AUGUST 2008 / 21ST SRAVANA 1930 M.A.C.A.No. 1952 of 2007(D) -- --------------------- OPMV.1406/2001 of MOTOR ACCIDENT CLAIMS TRIBUNAL, MANJERI .................... APPELLANT/3RD RESPONDENT ----------------------------------------- NATIONAL INSURANCE COMPANY LIMITED, MANJERI, NOW REPRESENTED BY ITS MANAGER, KOCHI REGIONAL OFFICE, OMANA BUILDING, M.G.ROAD, KOCHI-35. BY ADVS. SRI.MATHEWS JACOB (SR.) SRI.P.JACOB MATHEW RESPONDENTS: PETITIONER AND RESPONDENTS 1 & 2 -------------------------------------------- 1. HAJARALI HAMZA, S/O UNNIKAMMU, AYYARALI HOUSE, VELLAYOOR AMSOM, PARIYANGAD DESOM, AMBALAKKADAVU P.O., VIA. KALIKAVU, NILAMBUR TALUK. 2. V.K.ABDUL RAZACK, S/O ABDULLA, VALLANCHIRA, KAKKANEGAL HOUSE, PALAKKULAM P.O., KARUVAMBRAM, MANJERI. 3. V.K.KUNHAMMAD, S/O ABDULLA, -DO- -DO-. BY ADV. SRI.SAJU.S.A FOR R3 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 12/08/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: M.A.C.A.No. 1952/2007 ORDER ON I.A.NO. 2473/2007 IN M.A.C.A.NO. 1952/2007 DISMISSED. SD/- M.N. KRISHNAN, JUDGE 12.08.2008 /TRUE COPY/ P.A. TO JUDGE. vkm M.N. KRISHNAN, J -------------------------- M.A.C.A.No. 1952 OF 2007 ------------------------------------------ Dated this the 12th day of August, 2008 J U D G M E N T This appeal is preferred against the award passed by the Motor Accident Claims Tribunal, Manjeri in O.P(MV) No. 1406/2001. The Insurance Company has preferred this appeal. The Tribunal awarded a compensation of Rs. 60,996/- and the Insurance Company did not file any written statement. The Tribunal held that it has admitted the policy and therefore directed to pay the amount. The learned counsel for the Insurance Company would contended before me that it was a mistake that no written statement was filed and in fact the offending vehicle was not insured with the 3rd respondent Insurance Company and therefore an opportunity must be given to file a written statement to prove the same. If really the vehicle is not insured with the 3rd respondent Insurance Company it may not be proper to fix the liability on that Company. If the vehicle is insured with some other Company, those particulars also M.A.C.A.No. 1952/2007 -2- can be found out and the owner can furnish the address of the said Company. The learned counsel for the owner would submit that the vehicle insured with Oriental Insurance Company. Therefore the award under challenge is set aside so far it relates to the liability of the Insurance Company namely the 3rd respondent and the matter is remitted back with a direction to the owner to file an application for impleading the real Insurance Company of his vehicle and after hearing all concerned, the Tribunal shall pass a revised award fixing the liability on the real insurer of the vehicle. The parties are directed to appear before the Tribunal on 20.9.2008. M.N. KRISHNAN, JUDGE. vkm