IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE A.K.BASHEER & THE HONOURABLE MR. JUSTICE P.Q.BARKATH ALI TUESDAY, THE 7TH DECEMBER 2010 / 16TH AGRAHAYANA 1932 MACA.No. 1174 of 2004 (G) ----------------------------------------- OPMV.1447/1992 of MOTOR ACCIDENT CLAIMS TRIBUNAL, KOTTAYAM .................... APPELLANT/3RD RESPONDENT: --------------------------------------------------- M/S. UNITED INDIA INSURANCE COMPANY LTD. KOTTAYAM, REPRESENTED BY ITS AUTHORISED SIGNATORY, THIRD PARTY CLAIMS CELL, M.G. ROAD, ERNAKULAM. BY ADV. SMT.P.A.REZIYA RESPONDENTS / CLAIMANTS AND RESPONDENTS 1 AND 2: ----------------------------------------------------------------------------------------------- 1. LISSAMMA SHAJU, W/O. SHAJU, THADATHIL HOUSE, MEMURY P.O., MANJOOR VILLAGE. 2. RAJU @ ABRAHAM, S/O. SHAJU (MINOR), REPRESENTED BY THE NEXT FRIEND MOTHER THE FIRST PETITIONER. 3. ABRAHAM, S/O. LUKE, THADATHIL HOUSE, MEMURY P.O., MANJOOR VILLAGE. 4. ANNAMMA ABRAHAM, THADATHIL HOUSE, MEMURY P.O., MANJOOR VILLAGE. 5. C.PANKAJASH, CHARANKATTU HOUSE, CHERTHALA SOUTH P.O., ALAPPUZHA DISTRICT. 6. JOSE KUNAKOSE @ SOPHY, KUNARKARAYIL HOUSE, THALAYOLAPARAMBUKARA, VADAYAR VILLAGE. ADV. SRI.RAJEEV V.KURUP FOR R5 SRI.RAJEEV V.KURUP FOR R1 & R2 SRIR.AZAD BABU FOR R5 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 07/12/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: A.K.BASHEER & P.Q.BARKATH ALI, JJ. - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - M.A.C.A.No.1174 OF 2004 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 7th day of December 2010 JUDGMENT Basheer, J. Appellant is the insurer of the alleged offending vehicle involved in a road traffic accident. Appellant challenges the award passed by the Motor Accidents Claims Tribunal directing it to pay compensation to the legal heirs of respondents 1 to 4 herein. 2. One Shaju Abraham succumbed to the injuries sustained by him in a road traffic accident that occurred on January 1, 1992. Respondents 1 to 4 herein who are the widow, son and parents of deceased Shaju claimed compensation from the owner, driver and insurer of the offending vehicle. According to the claimants, deceased Shaju who was riding on his motor cycle was knocked down by another two wheeler bearing registration number KLA 6996 which was owned by respondent No.5 herein and insured with the appellant. Respondent No.6 was the rider of the said bike. According to the claimants, the accident occurred because of the rash and negligent driving of respondent No.6. 3. Appellant/insurance company contended that it had not issued any valid insurance policy in respect of the alleged offending vehicle and M.A.C.A.No.1174 OF 2004 :: 2 :: therefore it was not liable to indemnify its owner. Respondent Nos.5 and 6 did not produce any document to show that their vehicle was covered under a valid insurance policy. But nevertheless the Tribunal proceeded to hold that the appellant was liable to indemnify respondent No.5, the owner of the two wheeler bearing registration number KLA 6996. 4. Significantly, the Tribunal also found that deceased Shaju was equally responsible for the accident and therefore apportioned the liability as 50-50 between deceased Shaju and the rider of the alleged offending vehicle. It is contended by learned counsel for the appellant that in the absence of any document to show that the offending vehicle was insured with the appellant, the Tribunal was not justified in fastening the liability on the appellant to pay the compensation. 5. We find considerable force in the above contention. Therefore, the direction to the appellant to indemnify the owner of the two wheeler bearing registration number KLA 6996 (respondent No.5) and to pay 50% of the amount of compensation awarded by the Tribunal is set aside. 6. It is held that respondents Nos.5 and 6 shall be liable to pay 50% of the total sum of compensation payable under the above award to the claimants. Respondent Nos.5 and 6 shall deposit the amount before the Tribunal within one month from the date of receipt of a copy of this M.A.C.A.No.1174 OF 2004 :: 3 :: judgment, failing which it will be open to the claimants to execute the award. It is brought to our notice that the appellant/ insurance company has deposited a sum of Rs.1,55,000/- before the Tribunal in terms of the direction issued by this court. The amount in deposit shall be released to the appellant. Appeal is disposed of in the above terms. A.K.BASHEER, JUDGE P.Q.BARKATH ALI, JUDGE jes