IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN MONDAY, THE 5TH APRIL 2010 / 15TH CHAITHRA 1932 MACA.No. 2562 of 2009() ----------------------- OPMV.1016/2000 of MOTOR ACCIDENT CLAIMS TRIBUNAL, NEYYATTINKARA .................... APPELLANT(S): 3RD RESPONDENT ---------------------------- THE ORIENTAL INSURANCE CO.LTD., TRIVANDRUM, REPRESENTED BY ITS ASSISTANT MANAGER, REGIONAL OFFICE, ERNAKULAM NORTH, KOCHI-18. BY ADV. SRI.GEORGE CHERIAN (THIRUVALLA) RESPONDENT(S): CLAIMANT /RESPONDENTS 1 & 2 ------------------------------------------ 1. LIJU, REPRESENTED BY HIS FATHER LEVI, S/O.ZACHARIA, MEKEY KARUMARAM VEEDU, PAIKULAM, KARODE, KAKAVILA P.O. 2. S.VELUSWAMY, KUTTAITHOTTAM, MASANALLAM PALAYAM, THONGUTTI, PALAYAM P.O., P.K.PALAYAM, VIA, TIRUPUR. 3. ANURUDHAN, ALAMCODE VEEDU, ALAMCODE, KANJAMPURAM P.O., NADAKAVUR, VILAVANCODE. ADV. SRI.R.T.PRADEEP FOR R1 SRI.V.VIJULAL FOR R1 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 05/04/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ORDER ON I.A.NO.3018 OF 2009 IN MACA NO.2562 OF 2009 DISMISSED 5.4.2010 SD/= M.N. KRISHNAN, JUDGE. cl M.N. KRISHNAN, J. ........................................... M.A.C.A.No.2562 OF 2009 ............................................. Dated this the 5th day of April, 2010. J U D G M E N T This appeal is preferred against the award of the Claims Tribunal, Neyyattinkara in OP(MV)No.1016/2000. The claimant, who sustained injuries in a road accident, was awarded a compensation of Rs.50,500/= and the insurance company was directed to pay the amount. The accident had taken place on 24.07.2000. The tribunal relied upon Ext.B1 document as a copy of the policy for the period 14.7.2000 to 13.7.2001 and therefore found the insurance company liable to pay the amount. 2. If there is a policy as stated, necessarily the insurance company is bound to pay the amount. The contention of the insurance company is to the effect that there is no policy as stated in the award. According to the insurance company, the policy relates to the period from 4.8.2000 to 3.8.2001. If it is correct, unless it is proved that there is a policy prior to that, the insurance company cannot be saddled with the liability. I am also informed that : 2 : M.A.C.A.No.2562 OF 2009 this was based on production of a certificate of insurance by the investigating agency. I do not know how the learned tribunal marked the document as Ext.B1 when it is produced by the claimant. As correctly stated by the learned counsel for the respondents that the court must be realistic and more concerned about the correctness of the policy, I totally agree with the learned counsel. Therefore what is required to be found out is whether there is a policy as stated. 3. Therefore the matter requires reconsideration by permitting all concerned to produce both documentary as well as oral evidence in support of their respective contentions to find out the existence of valid policy as on the date of accident. Since the owner has not chosen to appear before the court, the insurance company is directed to take out notice to the owner as well since he will be affected, he be also heard before a final decision is taken in the matter. Parties are directed to appear before the tribunal on 20.5.2010. Disposed of accordingly. M.N. KRISHNAN, JUDGE cl : 3 : M.A.C.A.No.2562 OF 2009 : 4 : M.A.C.A.No.2562 OF 2009