IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE J.B.KOSHY & THE HONOURABLE MRS. JUSTICE K.HEMA THURSDAY, THE 6TH MARCH 2008 / 16TH PHALGUNA 1929 MFA.No. 917 of 2002(E) ---------------------- OPMV.830/1996 of MOTOR ACCIDENT CLAIMS TRIBUNAL, MANJERI .................... APPELLANTS: PETITIONERS ---------------------- 1. MANNILTHODI HUSSANKUTTY, S/O. IBRAHIMKUTTY, 55 YEARS, NECHOLIL HOUSE, KEEZHUPARAMBA P.O., MALAPPURAM DISTRICT. 2. PATHUMMAKUTTY, W/O. HASSANKUTTY, AGED 56 YEARS, NECHOLIL HOUSE, KEEZHUPARAMBA P.O., MALAPPURAM DISTRICT. 3. K.K.KUNHIPATHUMMA, 35 YEARS, W/O.M.P.ABDUL BASHEER, PULPARAMBIL HOUSE, MUKKAM P.O., KOZHIKODE. 4. ASNA, 11 YEARS, (MINOR), PULPARAMBIL HOUSE, MUKKAM P.O., KOZHIKODOE. 5. ANWISH, 7 1/2 YEARS (MINOR), (3RD APPELLANT IS THE WIFE AND OTHER APPELLANTS ARE THE CHILDREN OF THE DECEASED 4TH AND 5TH APPELLANTS ARE MINORS REPRESENTED BY THEIR MOTHER AND GUARDIAN THE 3RD APPELLANT) BY ADV. SRI.ESM.KABEER RESPONDENTS: RESPONDENTS ------------------------ 1. KARIKKADAN ABDUL SALAM, S/O. VERAN, POOVATHIKKAL AMSOM, URGATTIRI DESOM, (DRIVER) 2. K.P.ABDUL RAHIMAN, S/O. ALAVI, KARIKKADANPOYIL HOUSE, VETTILAPARA P.O., AREACODE (OWNER). 3. KOLAKKADAN MUSLIARAKATH MUNEER, KIZHUPARAMBA P.O., ERNAD TALUK, (DRIVER) 4. K.P.ASHRAF, S/O. ALI HAJI, KALATHIPARAMBIL HOUSE, CODAKKAL P.O., THRIPANGODE (OWNER) 5. THE NEW INDIA INSURANCE CO.LTD., TIRUR. BY ADV. SRI.PMM.NAJEEB KHAN FOR R5 SRI.BABU S. NAIR FOR R1 THIS MISC. FIRST APPEAL HAVING COME UP FOR ADMISSION ON 06/03/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: J.B. Koshy & K. Hema, JJ. - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - M.F.A.No. 917 of 2002 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 6th day of March, 2008 JUDGMENT Koshy, J. Appellants are the father, mother, wife and children of deceased who died in a motor accident on 21-10-1995. They claimed compensation of Rs.4,75,000/- for the death of the deceased. The Tribunal found that the accident occurred due to the negligence of the 1st respondent driver of the vehicle and Rs.3,60,000/- was awarded as compensation. But, the Tribunal found that as three was no insurance coverage for the vehicle, respondents 1 and 2, driver and owner respectively, were jointly and severally liable to compensate the appellants. Award amount is just and reasonable. The major contention is regarding the coverage of insurance. The Insurance Company re-checked the matter and found that the vehicle in the accident was not insured. In the above circumstances, we cannot ask the Insurance Company to deposit the amount. Hence, the appeal is dismissed. J.B. Koshy, Judge K. Hema, Judge. mn.