IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE J.B.KOSHY & THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN WEDNESDAY, THE 11TH JUNE 2008 / 21ST JYAISHTA 1930 MACA.No. 8 of 2008(A) --------------------- OPMV.621/1999 of MOTOR ACCIDENT CLAIMS TRIBUNAL, KALPETTA .................... APPELLANT/RESPONDENT-4: ---------------------------------------- MANAGING PARTNER, PAMBRA COFFEE PLANTATION, IRULAM VILLAGE, SULTHAN BATHERY TALUK, WAYANAD DISTRICT. BY ADV. SRI.S.M.PRASANTH RESPONDENTS: PETITIONERS/RESPONDENTS 1 TO 3: --------------------------------------------------------------------------------- 1. MATHAI, AGED 80 YEARS, S/O. PAILY (DIED) CHERUPARAMBIL HOUSE, KARADIPPARA P.O., AMBALAVAYAL (VIA),NENMENI AMSOM AND DESOM, SULTHAN BATHERY TALUK. 2. MARIAMMA, AGED 55 YEARS, W/O. VARKEY, KANNAYATH HOUSE, MOONANAD P.O., PANDALUR TALUK, NILGIRI DISTRICT. 3. SOOSAN, AGED 50 YEARS, W/O. K.K.ELIAS, KKUNDUKKAPARAMBIL HOUSE, RESIDING AT KOOLAL KOONACHAL P.O., ERUMAD PANDALUR TALUK, NILGIRI DISTRICT. 4. ELIAMMA, W/O. YACOB, AGED 47 YEARS, MADATHIKUDY HOUSE, RESIDING AT MANGODE, PANDALUR TALUK, NILGIRI DISTRIT. Kss ..2/- ..2.... MACA.NO.8/2008 5. ANNAKUNJU @ ANNAMMA, AGED 45 YEARS, W/O. ABRAHAM, CHERUPARAMBIL HOUSE, RESIDING AT KARADIPPARA, NENMENI AMSOM, DESOM,BATHERY TALUK. 6. NELSON, CONTRACTOR, AGED NOT KNOWN, KONNACHAL P.O., ERUMAD, THE NILGIRIS, TAMIL NADU. 7. DEVADAS, S/O.KRISHNAN NAIR, MANJAPPARA NARKKUNDU P.O., AMBALAVAYAL, SULTHAN BATHERY TALUK. *ADDL.R8 IS IMPLEADED: R8. UNITED INDIA INSURANCE COMPANY LTD., REPRESENTED BY THE BRANCH MANAGER, BRANCH OFFICE, NOORANAL BUILDING, MYSORE ROAD, S.BATTERY – 673 592. (*ADDL.R8 IS IMPLEADED AS PER ORDER DTD. 7/02/2008 IN I.A.NO.322/08) BY ADV. SRI.S.EASWARAN- R2 TO 5 SRI.MATHEWS JACOB (SR.) - ADDL.R8 SRI.P.JACOB MATHEW - ADDL.R8 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 11/06/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss J.B.Koshy & P.N.Ravindran, JJ. ===================== M.A.C.A.No.8 of 2008 ===================== Dated this the 11th day of June, 2008. JUDGMENT Koshy,J. This appeal is filed by the registered owner of the vehicle, who was directed to deposit an amount of Rs.45,850/- with interest. His contention that the offending vehicle was transferred in the name of the 7th respondent herein was not accepted by the Tribunal. The vehicle was covered by a valid insurance policy. But he has not furnished the particulars. Now it is submitted that the vehicle was insured with the United India Insurance bearing policy No.100311/ 31/10/11/1937/97 for the period between 10.12.1997 and 9.12.1998. The accident occurred on 7.8.1998. He ought to have submitted these details before the Tribunal after impleading the Insurance Company. We have directed the Standing Counsel for the Insurance Company to verify whether the above insurance policy issued was valid at the time of accident. The standing counsel for the Insurance Company submitted that there was valid insurance policy at the time of the accident. It is further submitted that if the Insurance Company was impleaded as a party, it could have contested the case with respect to various aspects like violation MACA 8/08 -: 2 :- of policy conditions. Considering the injuries of the original claimant and the expenses incurred by him, the compensation amount awarded is just and reasonable. Therefore the case can be remanded only with regard to the liability of the Insurance Company. 2. In these circumstances, we direct the Tribunal to disburse the amount deposited by the appellant to the claimants. We are remanding the matter so that the Insurance Company can contest the case regarding violation of policy conditions and if the entire liability is on the Insurance Company, the appellant will be entitled to get reimbursement of the amount already deposited from the Insurance Company and the balance amount, if any, need be deposited by the Insurance Company. The parties are directed to appear before the Tribunal on 5.8.2008. The appeal is allowed by way of remand regarding the issue already mentioned above. J.B.Koshy, Judge. P.N.Ravindran, Judge. ess 12/6