IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE J.B.KOSHY & THE HONOURABLE MRS. JUSTICE K.HEMA WEDNESDAY, THE 26TH MARCH 2008 / 6TH CHAITHRA 1930 MFA.No. 482 of 2002(E) -------------------------------- OP(MV.) 837/1990 OF ADDL.MOTOR ACCIDENT CLAIMS TRIBUNAL, ERNAKULAM ........................................ APPELLANT: 3RD RESPONDENT IN M.V.OP ------------------------------------------------------------- THE ORIENTAL INSURANCE CO. LTD., REPRESENTED BY THE ASSISTANT MANAGER, MOTOR THIRD PARTY CLAIMS CELL, REGIONAL OFFICE, NORTH RAILWAY STATION ROAD, ERNAKULAM, COCHIN-682 018. BY ADV. SRI.M.JACOB MURICKAN RESPONDENTS: CLAIMANTS, RESPONDENTS, 1,2 AND 4 TO 8 IN MV.OP. ------------------------------------------------------------- 1. V.V.LALITHA, W/O.LATE M.V.THAMBI, MANGARATH HOUSE, P.M.A. ROAD, TRIPUNITHURA. 2. M.T.ELDO(MINOR), S/O.LATE M.V.THAMBI, MANGARATH HOUSE, P.M.A.ROAD, TRIPUNITHURA, REPRESENTED BY THE 1ST RESPONDENT (MOTHER) AS NEXT FRIENT AND GUARDIAN. 3. M.V.VARGHESE, MANGARATH HOUSE, P.M.A.ROAD, TRIPUNITHURA. 4. M.V.MARY, MANGARATH HOUSE, P.M.A.ROAD, TRIPUNITHURA. 5. K.K.BABY, S/O.K.V.KURIAN, KOKKAL HOUSE, TRIPUNITHURA P.O. 6. K.T.JOHNSON, KALLIPALATHINKAL HOUSE, MAIN ROAD, VADAKKE KOTTA VATHIL, TRIPUNITHURA. M.F.A NO. 482/2002 7. THAMBACHAN, KALLIPALATHINKAL HOUSE, MAIN ROAD, VADAKKE KOTTA VATHIL, TRIPUNITHURA. 8. THOMAS, KALLIPALATHINKAL HOUSE, MAIN ROAD, VADAKKE KOTTA VATHIL, TRIPUNITHURA. 9. SAMKUTTY, KALLIPALATHINKAL HOUSE, MAIN ROAD, VADAKKE KOTTA VATHIL, TRIPUNITHURA. 10. SUSYMOL, KALLIPALATHINKAL HOUSE, MAIN ROAD, VADAKKE KOTTA VATHIL, TRIPUNITHURA. R5 BY ADV. SRI.K.P.SATHEESAN SRI.K.K.GOPINATHAN NAIR SRI.M.R.JAYAPRASAD SRI.N.V.AJAYAKUMAR SRI.K.K.RAJEEV SRI.S.VIBHEESHANAN R1 TO R4 SRI.R.SUDHISH SMT.MANJU SUDHISH THIS MISC. FIRST APPEAL HAVING BEEN FINALLY HEARD ON 26/03/2008,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ORDER ON CMP NO. 7208/2002 IN M.F.A NO. 482/2002 E. DISMISSED 26/03/2008. SD/- J.B.KOSHY, JUDGE. SD/- K.HEMA, JUDGE. True copy tga J.B.KOSHY & K.HEMA, JJ. ------------------------------- M.F.A.NO.482 OF 2002 (E) ----------------------------------- Dated this the 26th day of March, 2008 J U D G M E N T KOSHY,J. This appeal is filed by the Insurance company. Only contention raised by the Insurance company is that Insurance company is not liable to pay compensation on behalf of the owner of the offending vehicle as the Insurance policy was issued with effect from 12.55 O' clock on 19.4.1990 till the mid night of 18.4.1991. Accident occurred on 19.4.1990 at 8.30 A.M. The insurance premium was paid only on 19.4.1990 as can be seen from Ext.B3. RW1 gave evidence that office of the company will open on 10 A.M. Hence on 19.4.1990, permium can be paid only after 10 A.M. It is very clearly stated in the policy that coverage will start at 12.55 O' clock. Merely because A.M. or P.M. is not written after 12.55 O' clock, there cannot be any doubt as the office of the company was not working in the night and what is written is 12.55 O' clock MFA.482/02 2 and not 00.55 and therefore coverage of the policy starts only from 12.55 noon of 19.4.1990 and accident occurred at 8.30 A.M. on 19.4.1990. Therefore, it can be seen that only after the accident occurred, the amount was paid and insurance was taken and there was no effective insurance issued by the appellant Insurance company to the vehicle concerned at the time of accident. In the above circumstances, the entire amount is liable to be paid by the insured, owner and the driver. Since the insured died, legal representatives were impleaded and notice was issued and paper publication was effected. Therefore, driver and owner are fairly and severally liable to pay the amount. It is submitted by the Insurance company that at the time of admission, there was direction to deposit 50% of the amount. The execution of award was stayed only on deposit of 50% of the amount and above 50% was deposited and it was withdrawn by the claimants. In the above circumstances, Insurance company is allowed to get that amount to be realised from the driver and owner of the vehicle. In execution of the award, claimant also can realise balance amount from the legal representatives of the owner to the extent they have inherited from the owner and driver of the vehicle, 5th MFA.482/02 3 respondent in the appeal. Appeal allowed accordingly. J.B.KOSHY, JUDGE K.HEMA, JUDGE prp J.B.KOSHY & K.HEMA, JJ. -------------------------------------------------------- M.F.A.NO.482 OF 2002 (E) --------------------------------------------------------- J U D G M E N T --------------------------------------------------------- 26th March, 2008