IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN MONDAY, THE 2ND FEBRUARY 2009 / 13TH MAGHA 1930 MACA.No. 1281 of 2008() ----------------------- OPMV.1287/2001 of MOTOR ACCIDENT CLAIMS TRIBUNAL, THRISSUR .................... APPELLANT(S): APPELLANT/ 3RD RESPONDENT:- ---------------------------------------- THE NEW INDIA, ASSURANCE COMPANY LTD., REPRESENTED BY ITS DY.MANAGER, REGIONAL OFFICE, M.G. ROAD, KOCHI -11. BY ADV. SRI.VPK.PANICKER RESPONDENT(S)/PETITIONER & RESPONDENTS 1 & 2 RESPECTIVELY: --------------- 1. MOOSA, S/O VEERAN, VELLAKADAYIL HOUSE, P.O. KUNNAMKULAM. 2. RAMAN, S/O. KUMARAN, P.O. KUNNAMKULAM. 3. K.UMMER FAROOK, S/O KUNJIMOHAMMED, KADALIKATTIL HOUSE, P.O. PONNANI, ADVS. SRI.NAGARAJ NARAYANAN FOR R3 SRI.SAIJO HASSAN FOR R3 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 02/02/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: M.A.C.A.No. 1281/2008 ORDER ON I.A. 1521/2008 IN M.A.C.A No. 1281/2008 DISMISSED. SD/- M.N. KRISHNAN, JUDGE. 02.02.2009 //TRUE COPY// P.A. TO JUDGE. M.N. KRISHNAN, J ----------------------- M.A.C.A.No. 1281 OF 2008 --------------------------------- Dated this the 2nd day of February, 2009 JUDGMENT This appeal is preferred against the award of the Motor Accident Claims Tribunal, Thrissur in O.P.(MV) No.1287/2001. The claimant sustained injuries in a road accident and the tribunal has awarded a compensation of Rs. 51,500/- and the Insurance Company is made liable to pay the amount. It is against that decision the Insurance company has come up in appeal. 2. Heard the learned counsel for the Insurance Company as well as the owner. The point that arise for determination is whether the tribunal was right in casting the liability on the Insurance Company to pay the amount? As per the award the driver of the vehicle is shown as one Mr. Raman. The learned counsel for the Insurance Company had made available before me for perusal a copy of the charge sheet which would indicate the person who is charge sheeted is one Mr. Fasal Rahman. I do not know how the tribunal proceeded to dispose of the case as if the driver is Mr. Raman. It is the case of the Insurance Company that the said Fasal Rahman is not having a driving licence and therefore the M.A.C.A.No. 1281/2008 -2- Company is entitled to got exonerated from the liability. A perusal of the records made available would reveal that there is some confusion with respect to the person who had driven the vehicle. Therefore the matter requires reconsideration at the hands of the tribunal. 3. Therefore the award under challenge is set aside and the matter is remitted back to the tribunal with a direction to implead this Fasal Rahman as a necessary party and thereafter permit all the parties to adduce documentary as well as oral evidence in support of their respective contentions and the matter be disposed of in accordance with law. Till that time if any amount is deposited let it be not disbursed and let it remain in court deposit and after the disposal of the matter the amount be disbursed to the party who is entitled to. Parties are directed to appear before the tribunal on 17.3.2009. M.N. KRISHNAN,JUDGE vkm