IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN MONDAY, THE 19TH OCTOBER 2009 / 27TH ASWINA 1931 MACA.No. 165 of 2007() ------------------------------- O.P.(MV) NO. 858/1997 of MOTOR ACCIDENTS CLAIMS TRIBUNAL, THODUPUZHA .................... PETITIONER/APPELLANT: -------------------------------------- THE ORIENTAL INSURANCE CO. LTD., KOTHAMANGALAM, REPRESENTED BY ITS ASSISTANT MANAGER, REGIONAL OFFICE, ERNAKULAM NORTH, KOCHI-18. BY ADV. SRI.GEORGE CHERIAN (THIRUVALLA) RESPONDENTS/CLAIMANT & RESPONDENTS 1 & 2: ------------------------------------------------------------------------- 1. REGI, S/O. KURIAN, RESIDING AT PULICKAL HOUSE, AANAKULAM P.O., MANKULAM, ADIMALI (VIA), IDUKKI DISTRICT, (LAID UP) REPRESENTED BY HIS BROTHER-IN-LAW SUNNY GEORGE, KUZHICATTUNDIL HOUSE, POOYAMKUTTY P.O., KOTHAMANGALAM. 2. BIJU JOSE, S/O.JOSE, NADUVATHUKUNNEL HOUSE, MANKULAM P.O., ADIMALI (VIA), IDUKKI DISTRICT. 3. V.T.THOMAS, VELUTHEDATHUPARAMBIL HOUSE, ADIMALI. ADVS. SRI. P.V. GEORGE (PUTHIYIDAM) FOR R1 & SRI. M. SAJJAD & SRI. V.A. MUHAMMED FOR R2 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 19/10/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: M.N.KRISHNAN, J. ------------------------- M.A.C.A. NO. 165 OF 2007 ------------------------------------- Dated this the 19th day of October, 2009. J U D G M E N T This is an appeal preferred by the Insurance Company against the award of the Claims Tribunal Thodupuzha in OP(MV) 858/1997. The Tribunal found that the owner has suppressed material facts and obtained a policy. The Insurance company has to compensate the third party and to recover from the owner. The Tribunal in Para 19 of the award has clearly mentioned " therefore, there was suppression of material facts on the part of the insured at the time of taking the policy". This very same point came up for consideration before a Division Bench of the Madhya Pradesh High Court in the decision reported in 2007 A.C.J 991 Radhabai and others Vs. Siddique and others. It was held that the Insurance Company is liable to pay the compensation. The Division Bench held as follows: " Fastening of liability on the insurer has gone a sea change. After the decision in 2003 A.C.J (1) (SC) New India Assurance Company Limited Vs. Asha Rani . The apex court has now come to a conclusion that in cases of fake licence and fraud alleged by the Insurance company and M.A.C.A. NO. 165 OF 2007 2 the violation of other conditions of policy. The Insurance Company would continue to remain laible to the innocent third party but could recover the same from the insured". What is precisely done by the Tribunal is the same. Therefore, the award passed by the Tribunal does not call for any interference. So the appeal is dismissed. M.N.KRISHNAN, JUDGE ln.