IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN THURSDAY, THE 4TH MARCH 2010 / 13TH PHALGUNA 1931 MACA.No. 728 of 2009() ---------------------- OPMV.777/2005 of MOTOR ACCIDENT CLAIMS TRIBUNAL, VADAKARA .................... APPELLANT/3RD RESPONDENT: ------------------------------------------------- THE ORIENTAL INSURANCE CO.LTD., CALICUT,REPRESENTED BY ITS ASSISTANT MANAGER, REGIONAL OFFICE,ERNAKULAM NORTH,KOCHI-18. BY ADV. MR.GEORGE CHERIAN (THIRUVALLA) RESPONDENT(S): RESPONDENT/CLAIMANT: ------------------------------------------------------------------- 1. ALI,S/O.SOOPPY, KARINGANNIYIL HOUSE,P.O.CHANGAROTH, PERUVANNAMUZHI (VIA),PERAMBRA, KOYILANDY TALUK,KOZHIKODE DISTRICT,PIN-673 525. 2. MANAGING DIRECTOR,SREE GURUVAYOORAPPAN CHIT FUND.PVT.LTD.,SREE SANTHA BUILDING EDEDI, VATAKARA,VATAKARA TALUK,KOZHIKODE DISTRICT, PIN-673 101. 3. SIVADASAN,S/O.GOPALAN NAIR, MALATHOTTATHIL (H),PERAMBRA, P.O.MONCHANIYAM AMSOM DESOM, KOYILANDY TALUK,KOZHIKODE DISTRICT, PIN-673 525. R2 BY ADV. MR.SUNNY MATHEW THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 04/03/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss ORDER ON I.A.NO.907/2009 IN MACA NO.728/2009 DISMISSED 4/03/2010 SD/- M.N.KRISHNAN, JUDGE /TRUE COPY/ P.A.TO JUDGE Kss M.N. KRISHNAN, J. = = = = = = = = = = = = = = M.A.C.A. NO. 728 OF 2009 = = = = = = = = = = = = = = = Dated this the 4th day of March, 2010. J U D G M E N T This appeal is preferred against the award of the Motor Accidents Claims Tribunal, Vadakara in O.P.(MV)777/05. The vehicle involved in the accident was a motorbike and the insurance company raised the contention that only the engine number and the chasis number are there and it is not connected with the registration number of the vehicle and therefore the insurance company cannot be saddled with the liability. The insurance company has not produced any documents other than raising the contentions of this nature. U/s 376(4) of the Motor Vehicle Rules it shall be the responsibility of the insurance company to collect the particulars regarding the registered owner of the vehicle and driving licence and submit a report. There is a policy standing in the name of the first respondent. There is no case that this respondent did have some other vehicle. When a policy is issued in the name of a person and that too M.A.C.A. 728 OF 2009 -:2:- to the same clause of vehicle which is involved in the accident there is a prima facie presumption regarding the same. But it can be rebutted by producing materials. But for the contention the insurance company has kept quiet. Therefore the Tribunal rightly held that the insurance company has not succeeded in bringing evidence and so granted an order against the insurance company. I do not find any reason to interfere with the said decision and therefore the appeal fails and the same is dismissed. M.N. KRISHNAN, JUDGE. ul/-