IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN TUESDAY, THE 5TH AUGUST 2008 / 14TH SRAVANA 1930 MACA.No. 1578 of 2006() ----------------------- OPMV.1225/1999 of MOTOR ACCIDENT CLAIMS TRIBUNAL, KOTTAYAM .................... APPELLANT/RESPONDENT NO.2 IN O.P.(MV): -------------------------------------------------------------------- SASIDHARAN NAIR, MUTHOLIKUNNEL HOUSE, MUTHOLAPURAM KARA, ELANJI VILLAGE. BY ADV. SRI.C.N.SREEKUMAR SRI.K.MANOJ CHANDRAN RESPONDENTS: PETITIONER IN O.P.(MV)/RESPONDENT NO.3 IN OP(MV): ------------------------------------------------------------------------------------------------------------ 1. INDIRA, W/O. MANIKUTTAN, MAYYAPPALLIL HOUSE, KARIPPATTUR VILLAGE, KARIPPATTUR KARA, KANAYANNOOR TALUK. 2. THE DIVISIONAL MANAGER, ORIENTAL INSURANCE CO.LTD., MOOVATTUPUZHA. 3. MANOJ @ MANU, S/O.SASIDHARAN NAIR, MUTHOLIKUNNEL HOUSE, MUTHOLAPURAM KARA, ELANJI VILLAGE. BY ADV. SRI.P.JAYASANKAR - R.2 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 05/08/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss M.N.KRISHNAN, J ===================== MACA No.1578 OF 2006 ===================== Dated this the 5th day of August 2008 JUDGMENT This appeal is preferred by the owner of the vehicle involved in the accident contending that there was a valid policy for the vehicle. Learned counsel would submit before me that he had filed I.A.No.10505 of 2003, wherein in paragraph 3 he had specifically pleaded that there was a valid policy for vehicle No.KL-7/D 2699. The policy No. is 441700/4721/1997, which has validity till mid night of 18.11.1997. The accident had taken place on 25.10.1997 and so it is contended that there is a valid coverage. Learned counsel would contend that this application has not been considered by the Tribunal. If really there is such a policy, it is a matter which requires consideration. Therefore the matter is remitted back to the Tribunal for the sole purpose of considering the question whether there was a valid policy issued by the company on the date of the accident or not. For that purpose, both the parties are permitted to produce both documentary and oral evidence in support of their respective contentions. There was a delay of 653 days in MACA 1578/2006 -:2:- filing the appeal. That point may be considered for granting of interest by the Tribunal at the time of finally passing the award. Parties are directed to appear before the Tribunal on 15.9.208. M.N.KRISHNAN, JUDGE Cdp/-