IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN MONDAY, THE 30TH JUNE 2008 / 9TH ASHADHA 1930 MACA.No. 2205 of 2007() ----------------------- OPMV.1008/1996 of IST ADDL.MOTOR ACCIDENTS CLAIMS TRIBUNAL,KOZHIKODE .................... APPELLANT/1ST RESPONDENT: -------------------------------------------------- P.K.MUHAMMADHALI, S/O USMAN, PARAMBRATHKANDI HOUSE, UNNIKULAM AMSOM DESOM, EKAROOL, KOZHIKODE DISTRICT. BY ADV. SRI.P.SHRIHARI SMT.P.VANI RESPONDENTS: PETITIONER & 2ND RESPONDENT: ---------------------------------------------------------------------------- 1. NEW INDIA ASSURANCE COMPANY LTD., BRANCH TRUPURI BUILDING, EAST NADAKAVU, CALICUT. 2. MUHAMMAD ALI, PUTHUKUDI HOUSE, KOLATHUR P.O., CHEEKILODE, KOZHIKODE DISTRICT. BY ADV. SRI.V.V.SREEHARI - R1 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 30/06/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ORDER ON I.A.NO.2842/2007 IN M.A.C.A.NO.2205/2007 DISMISSED 30/06/2008 SD/- M.N.KRISHNAN, JUDGE /TRUE COPY/ P.A.TO JUDGE Kss M.N. KRISHNAN, J. = = = = = = = = = = = = = = M.A.C.A. NO. 2205 OF 2007 = = = = = = = = = = = = = = = Dated this the 30th 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, Kozhikode in O.P.(MV)1008/96. The claimant was awarded a compensation of Rs.17,000/- and the liability was fixed on the owner on the ground that there was no policy for the vehicle. It is against that decision, the present appeal is preferred. 2. Insurance company is already served. So far as the claimant is concerned he has to receive the amount either from the owner or from the insurance company and the amount is already in deposit also. So notice to him is dispensed with. Learned counsel for the appellant herein had produced copies of the registration certificate as well as copy of the policy. The vehicle has registration number as TLB 1400 and it had a valid policy from 8.8.95 to 7.8.96. The copy of the registration certificate would indicate that the registration particulars were changed when it was transferred M.A.C.A. 2205 OF 2007 -:2:- to a person in Kerala. So it has to be stated that if the appellant is able to establish that TLB 1400 had a policy and its registration is changed to Kerala during the relevant period then there is a currency of policy and therefore it is a matter which requires consideration. The Tribunal cannot be blamed for the reason these documents were not produced before the Tribunal. If really there is a policy then necessarily the insurance company is bound to indemnify. It is a matter that requires consideration. Therefore, the MACA is partly allowed and the matter is remitted back to the Tribunal for considering the question whether there was a valid insurance company coverage for the vehicle involved in the accident. For the said purpose the appellant is permitted to adduce documentary as well as oral evidence and the insurance company is also permitted to do the same. The amount deposited by the appellant herein shall be kept in the Court deposit and it be disbursed after a final decision is taken in the matter. If the insurance company does not appear on the appointed day the appellant shall take out M.A.C.A. 2205 OF 2007 -:3:- notice to the insurance company and then proceed with the matter. Parties are directed to appear before the Tribunal on 6.8.08. M.N. KRISHNAN, JUDGE. ul/-