IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN MONDAY, THE 1ST SEPTEMBER 2008 / 10TH BHADRA 1930 MACA.No. 2317 of 2007() ----------------------- OPMV.1486/2000 of MOTOR ACCIDENT CLAIMS TRIBUNAL, PALAKKAD .................... APPELLANT/3RD RESPONDENT ----------------------------------------- THE NEW INDIA ASSURANCE CO.LTD., COIMBATORE BRANCH, COIMBATORE, REPRESENTED BY ITS MANAGER. BY ADV. SRI.KKM.SHERIF SRI.A.A.ZIYAD RAHMAN RESPONDENTS/ PETITIONER & RESPONDENTS 1 & 2: ---------------------------------------------------------- 1. HANEEFA, S/O.ALAVI, IRUPPAKKAD, PALLIKULAM, PIRAYIRI POST, PALAKKAD TALUK, PALAKKAD DISTRICT. 2. SIVANESAN, P.B.NO.355, 77 OPPANAKKARA STREET, COIMBATORE-1, COIMBATORE, TAMIL NADU. 3. KUNCHU, S/O.CHAMIYAR, KOVIL VEEDU, KAVARATHODI, NANDIYODE, CHITTUR TALUK, PALAKKAD DISTRICT. BY ADV. SRI.M.M.SAIDU MUHAMMED FOR R2 SRI.P.P.RAMACHANDRAN FOR R1 SRI.JAYANANDAN FOR R1 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING COME UP FOR ADMISSION ON 01/09/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: MACA No. 2317/07 ORDER ON IA No. 3042/07 IN MACA No.2317/07 DISMISSED 1.9.08 SD/- M.N.KRISHNAN, JUDGE /TRUE COPY/ PA TO JUDGE. M.N.KRISHNAN, J. -------------------------- M.A.C.A. No. 2317 OF 2007 --------------------- Dated this the 1st day of September, 2008 JUDGMENT This appeal is preferred against the award passed by the Motor Accident Claims Tribunal, Palakkad, in OP(MV) 1486/00. The claimant while travelling in an autorickshaw sustained injuries on account of a collision with a car. The Tribunal assessed the compensation and directed the insurer of the car to pay the amount. The insurer of the car is also the New India Assurance Company. Though the Insurance Company contended that three was no policy at the time of the accident, the Tribunal on reference to the Motor Vehicle Inspector's Report arrived at a decision that there was a valid coverage for the vehicle till 8.6.01 and therefore declined to accept the contention of the Insurance Company. 2. I think the Tribunal has referred to the Asst. Motor Vehicle Inspector's Report relating to the Auto and not the car. But the learned counsel for the Insurance Company in fairness had placed before me a copy of the Motor Vehicle Inspector's Report with respect to the car also. It can be seen from para 14 that the car had MACA No. 2317/07 2 valid insurance coverage till 4.1.01 with New India Assurance Company, Coimbatore. The accident had taken place in June, 2000. Ordinarily, the policy is issued for a period of one year that means it may cover the period from 5.1.00 to 4.1.01. If there is such a policy, the Insurance Company cannot get exonerated from the liability. The owner of the car who had entered appearance would submit that there was a valid policy and he will be able to produce it before the Tribunal for the purpose of arriving at a correct decision. Therefore, the award under challenge is set aside and the matter is remitted back to the Tribunal with a direction to the 1st respondent in the claim petition to produce the policy with respect to the car, so that the Tribunal can dispose of the matter in accordance with law. Parties are directed to appear before the Tribunal on 20.10.08. M.N.KRISHNAN, JUDGE vps MACA No. 2317/07 3