IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR WEDNESDAY, THE 1ST APRIL 2009 / 11TH CHAITHRA 1931 MACA.No. 71 of 2008() --------------------- OPMV.471/2003 of MOTOR ACCIDENT CLAIMS TRIBUNAL, MUVATTUPUZHA .................... APPELLANT(S): APPELLANT/2ND RESPONDENT -------------------------------------- THE NEW INDIA ASSURANCE CO.LTD., REGIONAL TOWERS, KANDAMKULATHY TOWERS, M.G.ROAD, ERNAKULAM, REPRESENTED BY ITS MANAGER. BY ADV. SRI.VPK.PANICKER RESPONDENT(S): IST RESPONDENT & PETITIONER ------------------------------------------ 1. JOSEPH.K.M., S/O.JOSEPH, KOLLAMKOTTU HOUSE, KULIYETTIKKARA P.O., KANJIRAMATTOM, AMBALLOOR VILLAGE. 2. ANISHKUMAR, S/O.SREEDHARAPANIYEKKER, CHALASSERIL VEEDU, THOTTA BHAGOM, PIRAVOM KARA, DO. VILLAGE. ADV. SRI.ELDHO PAUL FOR R.2 SMT.TESSY JOSE FOR R.2 SRI.ALEXANDER JOSEPH FOR R1 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 01/04/2009,THE COURT ON THE SAME DAY PASSED THE FOLLOWING: ORDER ON I.A.87/2008 IN M.A.C.A.71/2008 1.4.2009 DISMISSED Sd/- M.Sasidharan Nambiar Judge /true copy/ P.S. To Judge M.SASIDHARAN NAMBIAR,J. =========================== M.A.C.A NO. 71 OF 2008 =========================== Dated this the 1st day of April,2009 JUDGMENT This appeal is filed by the second respondent Insurance Company challenging the award in O.P.(M.V) 471/2003 to the limited extent of directing the Insurance Company to deposit the amount due to second respondent the petitioner before the Motor Accidents Claims Tribunal and to realise the same from the first respondent insured. Case of the appellant is that as the first respondent was not holding a valid driving licence, appellant Insurance Company should have been fully exonerated and the direction to deposit the amount and thereafter to realise the same from the first respondent is to be set aside. 2. Learned counsel appearing for respondents 1 and 2 made available a copy of M.A.C.A.71/2008 2 the receipt executed by the second respondent on 24.3.2009 declaring that he received the entire amount due in O.P.(M.V) 471/2003 from the first respondent and therefore he has no further claim in the case. Learned counsel appearing for first respondent submitted that in such circumstance, appellant has no liability to deposit the amount and therefore there is no necessity for an award to deposit the amount or to enable the appellant Insurance Company to realise the amount from the first respondent. In view of the submission the appeal is allowed. The award passed by Motor Accidents Claims Tribunal in O.P.(M.V) 471/2003 is modified. The direction to the Appellant Insurance Company to deposit the compensation and realise the same from first respondent is set aside. M.SASIDHARAN NAMBIAR JUDGE tpl/- M.SASIDHARAN NAMBIAR, J. --------------------- W.P.(C).NO. /06 --------------------- JUDGMENT SEPTEMBER,2006