IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN FRIDAY, THE 26TH MARCH 2010 / 5TH CHAITHRA 1932 MACA.No. 138 of 2005() ---------------------- OPMV.123/1994 of MOTOR ACCIDENTS CLAIMS TRIBUNAL, MAVELIKKARA .................... APPELLANT/3RD RESPONDENT: -------------------------------------------------- THE NEW INDIA ASSURANCE COMPANY LTD., REP. BY ITS ASST.ADMINISTRATIVE OFFICER, REGIONAL OFFICE, M.G. ROAD, KOCHI-11. BY ADV. MR.VPK.PANICKER RESPONDENT(S): PETITIONER & RESPONDENTS 1 & 2 RESPECTIVELY: ---------------------------------------------------------------------------------------------------------- 1. SASI, THARAYIL VADAKETHIL, PATHIYANKARA, THRIKUNNAPUZHA. 2. T.V. VARGHESE, THAACHAZHATHU, PODIYADI, THIRUVALLA. 3. YESODHARAN, PUTHUVEETTIL, PATHIYOOR, KEERIKADU. R2 BY ADV. MR.R.SANTHOSH BABU THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 26/03/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss ORDER ON I.A.NO.220/2005 IN MACA NO.138/2005 DISMISSED 26/03/2010 SD/- M.N.KRISHNAN, JUDGE /TRUE COPY/ P.A.TO JUDGE Kss M.N. KRISHNAN, J. = = = = = = = = = = = = = = M.A.C.A. NO. 138 OF 2005 = = = = = = = = = = = = = = = Dated this the 26th 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, Mavelikara in O.P.(MV)123/94. The claimant sustained injuries in a road accident and the Tribunal has awarded a compensation of Rs.15,900/- and the insurance company was liable to pay the amount. Aggrieved by the decision making it liable the insurance company has come up in appeal. 2. The point that arises for determination in the appeal is that a cover note is issued from the place of manufacture to the place of sale namely to the dealer. What will be the impact of that cover note subsequent to the sale effected is the case. The owner would contend since the cover note will have a validity of 30 days from the date of issuance of the cover note, if the accident had taken place within that period of 30 days the fiction u/s 157(i) would M.A.C.A. 138 OF 2005 -:2:- apply and therefore insurance company may be liable. But S.157 deals with a question of transfer of the vehicle. So only in the case of a transfer there is a deemed transfer of policy. When it is the question of a sale that too the first sale and if the cover note is intended only for a specific purpose of transmitting the vehicle then what will be the legal impact is a matter which requires consideration. Unfortunately in the Court below the cover note was not produced and the whole matter is proceeded on the basis of conjectures and surmises. It will not be proper. Therefore I set aside the award of the Tribunal and remit the case back to the Tribunal for the purpose of determining the impact of the issuance of a cover note, its validity as well as the liability. For the said purpose the owner and the insurance company are permitted to produce necessary documents and adduce evidence in support of their respective contentions. Unless they help the Court by producing documents it may M.A.C.A. 138 OF 2005 -:3:- be very difficult for the Court to decide. That also has to be borne in mind by both the parties. Parties are directed to appear before the Tribunal on 28.4.2010. M.N. KRISHNAN, JUDGE. ul/-