IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN FRIDAY, THE 23RD JANUARY 2009 / 3RD MAGHA 1930 MACA.No. 441 of 2005() ---------------------- OPMV.709/2001 of MOTOR ACCIDENT CLAIMS TRIBUNAL, THODUPUZHA .................... APPELLANT(S): /3RD RESPONDENT. -------------------------- THE ORIENTAL INSURANCE CO.LTD., THODUPUZHA, REPRESENTED BY ITS ADMINISTRATIVE OFFICER, REGIONAL OFFICE, ERNAKULAM NORTH,KOCHI-18 BY ADV. SRI.GEORGE CHERIAN (THIRUVALLA) RESPONDENT(S): CLAIMANT/RESPONDENTS 1 & 2. ----------------------------- 1. SOJAN MATHEW, S/O. MATHEW, KAKKANATTU (H), PUTHUPERIYARAMKARA, MANAKKADU VILLAGE, THODUPUZHA TALUK. * 2. AJITHKUMAR, S/O. SIVASANKARAN NAIR, PLAPPILLIL (H), MANAKKADU, THODUPUZHA.(DELETED) 3. K.G.JAYAKUMAR, KOLOTHUKAROOR (H), EDAVETTY P.O. *THE NAME OF R2 IS DELETED FROM THE PARTY ARRAY AT THE RISK OF THE APPELLANT AS PER ORDER DT. 26.11.08 IN IA. 3147/08. THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 23/01/2009 , THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: M.N.KRISHNAN, J ===================== MACA No.441 OF 2005 ===================== Dated this the 23rd day of January 2009 JUDGMENT This appeal is preferred against the award of the Motor Accidents Claims Tribunal, Thodupuzha in O.P.(MV)No.709 of 2001. An autorickshaw bearing Regn.No.KL-7Q 757 was involved in the accident and the insurance company has denied the existence of the policy. The Tribunal did not accept that contention holding that Ext.A1 charge sheet shows the existence of a valid policy and therefore directed the insurance company to pay the amount. It is against that decision, the appeal is preferred. 2. Though respondents 1 and 3 are served, they had not chosen to appear before the court and the 2nd respondent driver is deleted, as he is dead. Learned counsel for the insurance company had produced before me the policy relating to vehicle with the No.5811 issued in 2000 for a period of one year, i.e. from 11.2.2000 to 10.2.2001. The accident had taken place on 14.2.2001. Therefore the policy was valid only upto 10.2.2001 and as no document is produced to show the coverage of the vehicle after that date, MACA 441/2005 -:2:- the insurance company cannot be saddled with the liability. It is stated in the appeal memorandum that the Tribunal has only referred to the policy No.5811, which is the policy for the period upto 10.2.2001 and therefore it was incorrect in holding that there was a valid policy. When there is no policy, the question of breach of policy conditions in the absence of a badge may not loom large. The insurance company is therefore entitled to get total exoneration from the liability. Therefore the appeal is allowed and the award is modified and the claimant is directed to realise the award amount from the 2nd respondent and from the legal representatives of deceased first respondent in the claim petition from the assets of the deceased first respondent jointly and severally. The insurance company is totally exonerated from the liability. M.N.KRISHNAN, JUDGE Cdp/-