IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN WEDNESDAY, THE 13TH AUGUST 2008 / 22ND SRAVANA 1930 M.A.C.A.No. 888 of 2005(C) ---------------------- OPMV.1931/2000 of MOTOR ACCIDENT CLAIMS TRIBUNAL, PERUMBAVOOR .................... APPELLANT:-3RD RESPONDENT: ----------------------------------------- UNITED INDIA INSURANCE COMPANY LTD., REP. BY ITS DEPUTY MANAGER, KOCHI REGIONAL OFFICE- THIRD PARTY CELL, M.G.ROAD, ERNAKULAM. BY ADV. SRI.P.R.RAMACHANDRA MENON RESPONDENTS:- CLAIMANT AND RESPONDENTS 1 & 2 RESPECTIVELY. ------------------------------------------------------------------------------------------------------ 1. EBRAHIM KUTTY, S/O.MEERAPILLA, KANELY HOUSE, NEAR MUSLIM CHURCH, PARAPURAM, P.O.KANJOOR-VIA. 2. A.V.PAILY, S/O.VARKEY, ATHIKARAN HOUSE, KOOVAPADY P.O. 3. VIJU, S/O.VISWANATHAN, KUTHUKALLUMKAL HOUSE, PARAPURAM P.O., KANJOOR-VIA. BY ADVS. SRI.RAJESH VIJAYAN FOR R3 SMT.T.RADHAMANY FOR R3 SRI.JOHNSON MANAYANI FOR R1 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 13/08/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: vkm M.A.C.A.No. 888/2005 ORDER ON I.A.NO. 1730/2005 IN M.A.C.A. NO. 888/2005 DISMISSED. SD/- M.N. KRISHNAN, JUDGE. 13.08.2008 /TRUE COPY/ P.A. TO JUDGE. vkm M.N.KRISHNAN, J. -------------------------- M.A.C.A. No. 888 OF 2005 --------------------- Dated this the 13th day of August, 2008 JUDGMENT This appeal is preferred against the award passed by the Motor Accident Claims Tribunal, Perumbavoor, in OP(MV) 1931/00. 2. I am not entering into the merits of the case for the reason that it is submitted that the owner of the vehicle namely the 2nd respondent herein, who was the 1st respondent before the Tribunal, died on 13.3.04. The award was passed only on 6th December, 2004. So it is clear that the award has been passed against a dead person. It has to be remembered that it is the owner who is no more. Therefore the Insurance Company's liability to indemnify such an award also is a factum that has to be taken into consideration. The Insurance Company is only bound to satisfy a legal award passed against the owner of the vehicle. In this case, in the light of the death of the owner there is no such award. Therefore the award passed by the Tribunal is set aside and the matter is remitted back to the Tribunal with a direction to the claimant herein to implead the legal representatives of the deceased MACA No. 888/05 2 owner. The Tribunal after affording opportunity to all parties, pass a fresh award in which case it can consider all the objections raised by the respondents in the case and then dispose of the matter in accordance with law. Parties are directed to appear before the Tribunal on 26.9.08. M.N.KRISHNAN, JUDGE vps