IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN FRIDAY, THE 30TH JANUARY 2009 / 10TH MAGHA 1930 MACA.No. 112 of 2009(C) --------------------------------VV OPMV.3119/2001 of MOTOR ACCIDENT CLAIMS TRIBUNAL, ERNAKULAM .................... APPELLANT(S): 3RD RESPONDENT ---------------------------------------- NATIONAL INSURANCE COMPANY LTD., BY ITS REGIONAL MANAGER, REGIONAL OFFICE, MUTHOOT TOWERS, M.G.ROAD, COCHIN - 35. BY ADV. SRI.RAJAN P.KALIYATH RESPONDENT(S): PETITIONER AND R1 AND R2 ------------------------------------------------------ 1. E.K.SURENDRAN, AGED 45 YEARS, S/O.KUMARAN, ETTOLI HOUSE, THENJAKEL POST, VANDIPERIYAR AND NOW RESIDING AT NIKETHILHOUSE, MURUKKUMPADAM, VYPEEN. 2. JOJAN K.C., KUMBALAKKEL HOUSE, KATTAPPANA POST, IDUKKI DISTRICT. 3. M.V.THANKACHAN, MULATHAPPALLY HOUSE, THENAKEKAL. THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING COME UP FOR ADMISSION ON 30/01/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: M.N. KRISHNAN, J. = = = = = = = = = = = = = = M.A.C.A. NO. 112 OF 2009 = = = = = = = = = = = = = = = Dated this the 30th day of January, 2009 J U D G M E N T This appeal is preferred against the award of the Motor Accidents Claims Tribunal, Ernakulam in O.P.(MV)3119/01. The claimant sustained injuries in a road accident and he has been awarded a total compensation of Rs.41,750/-. It is his case that while he was travelling as a pillion rider in the motorcycle a jeep hit on the bike resulting in injuries to him. The Tribunal awarded a compensation of Rs.41,750/- and directed the insurance company to pay the amount. It can be seen from paragraph 4 of the written statement that the insurance company has specifically denied the existence of a policy with respect to the vehicle KL6A/6086. There is absolutely no consideration of this plea at all and the Tribunal without considering the same had cast the liability on the insurance company. It is prima facie illegal. There is no point in calling all the parties to this Court for the reason ultimately the matter may have to go back to the Tribunal M.A.C.A. 112 OF 2009 -:2:- for consideration of that aspect. So I am inclined to dispose of this appeal at the admission stage itself. Therefore the award under challenge is set aside so far as it relates to the liability aspect is concerned and the matter is remitted back to the Tribunal for fresh consideration regarding the liability of the insurance company. The insurance company is directed to appear before the Tribunal on 4.3.09 and on appearance it shall take out notice to the claimant as well as the other respondents for proper consideration of the matter. The MACA is disposed of accordingly. M.N. KRISHNAN, JUDGE. ul/-