IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN FRIDAY, THE 20TH JUNE 2008 / 30TH JYAISHTA 1930 MACA.No. 1570 of 2006() ---------------------------------- OPMV.839/1999 of MOTOR ACCIDENT CLAIMS TRIBUNAL, PUNALUR .................... APPELLANT/3RD RESPONDENT ----------------------------------------------- THE BRANCH MANAGER, NATIONAL INSURANCE COMPANY LTD., KOTTARAKARA. BY ADV. SRI.RAJAN P.KALIYATH RESPONDENTS: CLAIMANT & RESPONDENTS 1 & 2 ---------------------------------------------------------------------------- 1. D.BABUKUTTY, NELLIVILAYIL HOUSE, VADAKKADATHUKAVU, ADOOR, NOW RESIDING AT SARON HOUSE, KOTTAVATTOM, ELAMPAL. 2. MOHAMMED KHAN, THENGUVILA VEEDU, CENCHEMPU, PUNALUR. 3. NIZAR, NIZAR MANZIL, VENCHEMPU, PUNALUR. BY ADV. SRI.MANOJ RAMASWAMY - R3 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 20/06/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ORDER ON I.A.NO.1808/2006 IN MACA.NO.1570/2006 DISMISSED. 20/06/2008. SD/- M.N.KRISHNAN, JUDGE // TRUE COPY // Rs/ M.N. KRISHNAN, J. = = = = = = = = = = = = = = M.A.C.A. NO. 1570 OF 2006 = = = = = = = = = = = = = = = Dated this the 20th day of June, 2008. J U D G M E N T This appeal is preferred against the award of the Motor Accidents Claims Tribunal, Punalur in O.P.(MV)839/99. The insurance company has mainly challenged the award on the ground of its liability. It is submitted that the vehicle involved in the accident did not have a valid policy on the date of the accident and according to the learned counsel it was clear from the charge sheet. The Tribunal noted a number and had directed the insurance company to indemnify. It is submitted by the learned counsel by an omission the insurance company did not appear and filed a written statement. I heard learned counsel for the driver who would say that there was a hire purchase agreement and it can be seen from the policy that amount has been credited towards taking of a policy for the vehicle. These are all matters which has to be proved. The owner also has to be heard. Therefore I feel the matter requires M.A.C.A. 1570 OF 2006 -:2:- reconsideration. Therefore the award under challenge is set aside so far as it relates to the liability of the insurance company and it is directed to file a written statement and submit the contention that there was no valid policy on the date of the accident. Owner and driver are also permitted to produce sufficient materials to establish that there was a valid insurance coverage. The Court shall thereafter dispose of the matter in accordance with law. Parties are directed to appear before the Tribunal on 29.7.2008. M.N. KRISHNAN, JUDGE. ul/-