IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN THURSDAY, THE 3RD DECEMBER 2009 / 12TH AGRAHAYANA 1931 MACA.No. 2749 of 2009() ----------------------- OPMV.698/2004 of MOTOR ACCIDENT CLAIMS TRIBUNAL, PALA .................... APPELLANT(S): 2ND RESPONDENT: ------------------------------------------------------ MR.MOHAMMED T.E., S/O.IBRAHIM, THEKKEKARA HOUSE, PEERUMBILLICHIRA KARA, THODUPUZHA, IDUKKI DISTRICT. BY ADVS. MR.T.V.GEORGE, MR.JIMMY GEORGE (THADATHIL). RESPONDENT(S): PETITIONER/1 AND 3RD RESPONDENTS: --------------------------------------------------------------------------------------- 1. RAJENDRAN P.K. @ SHAIJU, S/O.KUMARAN, PUTHENPURACKAL HOUSE, VALIANTHA BHAGOM, ELAMKADU KARA, KOOTTICKAL VILLAGE, ELAMKADU POST. 2. RENJU, S/O.VIJAYAN, PUTHENPURAKKAL HOUSE, ELAMKADU P.O., MUNDAKAYAM. 3. THE NATIONAL INSURANCE COMPANY LTD., REPRESENTED BY ITS BRANCH MANAGER, THODUPUZHA BRANCH. R1 BY ADVS. MR.P.VIJAYA BHANU. MR.P.VENUGOPAL (1086/92). THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 03/12/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss ORDER ON I.A.NO.3251/2009 IN MACA NO.2749/2009 CLOSED 3/12/2009 SD/- M.N.KRISHNAN, JUDGE /TRUE COPY/ P.A.TO JUDGE Kss M.N. KRISHNAN, J. ........................................... M.A.C.A.No.2749 OF 2009 ............................................. Dated this the 3rd day of December, 2009 J U D G M E N T This is an appeal preferred against the award of the Claims Tribunal, Pala in OP(MV)No.698/2004. A registered owner of the vehicle has come up in appeal challenging the award passed by the Claims Tribunal on the question of ownership. The learned Tribunal found that the applicant was a passenger in a private car and the policy issued was only an Act only policy and therefore, by virtue of the terms and conditions of the policy, the passenger in a private car was not covered by an act only policy and therefore not liable to be indemnified by the insurance company and therefore, directed respondents 1 and 2 to pay the compensation. 2. Now, the learned counsel for the applicant projects an unfortunate situation which he has to face even after sustainment of very serious injuries in the accident. He is not able to realise any compensation from anybody and when the revenue recovery proceedings were initiated, the owner comes with an appeal to agitate his right. : 2 : M.A.C.A.No.2749 OF 2009 3. It is a very unfair practice. But, I am inclined to grant an opportunity for the reason that in para-4 of the written statement filed by the insurance company it is made clear that this person had transferred the vehicle to another person and they have not been intimated. The appellant has also produced a photocopy of the document which is an agreement to sell. I am not on the correctness or genuineness of the agreement at this stage for the reason that it cannot be decided without evidence. If really he is not the owner, then there will be at least liability on somebody else who is the owner of the vehicle. 4. Therefore, the MACA is disposed of as follows: The award so far as it relates to the ownership of the vehicle is set aside and the matter is remitted back to the Tribunal with a direction to permit the present appellant to file a written statement and in case there is a contention regarding the transfer, an opportunity is given to file a petition for impleadment of that party by the claimant and thereafter on hearing all of them and after permitting them to produce documentary as well as oral evidence, the court : 3 : M.A.C.A.No.2749 OF 2009 shall decide the ownership of the vehicle. Since appellant is the registered owner, Rs.15,000/= out of Rs.25,000/= in deposit be disbursed to the claimant and the Tribunal can pass appropriate orders regarding that amount when it finally dispose of the matter and at that stage, if it is found that he is not the owner of the vehicle, direction may be given to get it reimbursed from the true owner of the vehicle. Being a case of 2004 and as the claimant is driven from pillar to post for getting compensation, the Tribunal shall try to dispose of the matter as early as possible, at any rate, within 4 months from the date of appearance of the parties before the Tribunal. The parties are directed to appear before the Tribunal on 28.12.2009. I also make it clear that the revenue recovery proceedings against the driver of the vehicle is not stayed or interfered with and it can be proceeded in accordance with law. Disposed of accordingly. M.N. KRISHNAN, JUDGE cl : 4 : M.A.C.A.No.2749 OF 2009 : 5 : M.A.C.A.No.2749 OF 2009