IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN MONDAY, THE 12TH OCTOBER 2009 / 20TH ASWINA 1931 MACA.No. 2294 of 2008() --------------------------------- OPMV.252/2003 of MOTOR ACCIDENT CLAIMS TRIBUNAL, PARAVUR .................... APPELLANT(S): 3RD RESPONDENT ---------------------------- THE ORIENTAL INSURANCE CO.LTD., CHALAKUDY, REPRESENTED BY ITS ASSISTANT MANAGER, REGIONAL OFFICE, ERNAKULAM NORTH, KOCHI - 18. BY ADV. MR.GEORGE CHERIAN (THIRUVALLA) RESPONDENT(S): CLAIMANT & RESPONDENTS 1 & 2 -------------------------------- 1. BIJI, D/O.VELAYUDHAN, NELLIPARAMBATHU HOUSE, PUTHENVELIKKARA. 2. E.K.ASOKAN, EDATHADAN HOUSE, ALOOR P.O 3. SANTHOSH M.V., S/O.N.VASUDEVAN NAIR, MADATHIKULANGARA HOUSE, PUTHENVELIKKARA. R1 BY ADV.MR.P.V.ELIAS THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 12/10/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: tss M.N. KRISHNAN, J. = = = = = = = = = = = = = = M.A.C.A. NO. 2294 OF 2008 = = = = = = = = = = = = = = = Dated this the 12th day of October, 2009. J U D G M E N T This appeal is preferred against the award of the Motor Accidents Claims Tribunal, North Paravur in O.P.(MV) 252/03. The short point that arises for determination is whether the insurance company can be directed to pay the amount and get it recovered from the owner when the policy is an Act only policy. In Swaran Singh's case National Insurance Co. Ltd. v. Swaran Singh (2004 (1) KLT 781) the Apex Court ordered the insurance company to pay the amount and get it reimbursed for the reason that there was a valid existing policy. But there was breach of policy conditions which made the owner to pay back the amount to the insurance company. But when a private vehicle is covered by an Act only policy the insurance company does not have the liability to pay the amount. So the question of asking the insurance company to pay the amount and recover if from the owner is against the terms of the policy M.A.C.A. 2294 OF 2008 -:2:- and the insurance contract. Therefore the learned Tribunal was wrong in directing the insurance company to pay the amount and get it recovered. Therefore the award under challenge is modified and the insurance company is totally exonerated from the liability and the claimant is entitled to recover it from the owner and driver jointly and severally. If the insurance company has deposited any amount since they have no liability the Tribunal is directed to reimburse the amount to the insurance company on proper application. M.N. KRISHNAN, JUDGE. ul/-