IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN WEDNESDAY, THE 9TH JULY 2008 / 18TH ASHADHA 1930 MACA.No. 766 of 2003(B) ----------------------------------- OPMV.18/1997 of MOTOR ACCIDENT CLAIMS TRIBUNAL, TRIVANDRUM .................... APPELLANT (APPLICANT) : -------------------------------------- KRISHNAN KUTTY, S/O. KARUNAKARAN, T.C.21/1243, THUNDUVILAKATHU VEEDU, PETTAH, THIRUVANANTHAPURAM DISTRICT. BY ADV. SRI.M.R.RAJESH SRI.SUMAN CHAKRAVARTHY RESPONDENTS (RESPONDENTS) : ----------------------------------------------- 1. PAVANAN, S/O. V.PACHAN, PANAVILA VEEDU, GOWREESAPATTOM P.O., THIRUVANANTHAPURAM. 2. KARTHIKEYAN, S/O. NARAYANAN, T.C.27/573, PANDARAVILAKOM VEEDU, RISHIMANGALAM WARD, VANCHIYOOR, THIRUVANANTHAPURAM. 3. THE BRANCH MANAGER, NEW INDIA INSURANCE COMPANY LIMITED, KOTTARATHIL BUILDINGS, PALAYAM,THIRUVANANTHAPURAM. BY ADV. SRI.A.C.DEVY - R.3 SRI.R.T.PRADEEP - R1 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 09/07/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: M.N.KRISHNAN, J. -------------------------- M.A.C.A. No. 766 OF 2003 --------------------- Dated this the 9th day of July, 2008 JUDGMENT This appeal is preferred against the award passed by the Motor Accident Claims Tribunal, Thiruvananthapuram, in OP(MV) 18/97. The claimant sustained injuries in a road accident and the Tribunal has awarded a compensation of Rs.60,850/-. The Insurance Company was exonerated from the liability on the ground that existence of a valid policy was not proved. 2. Heard the counsel for both sides. So far as quantum is concerned, I find the Tribunal has awarded a just and reasonable compensation under all heads. Therefore, the quantum does not call for any interference. 3. The main point argued before me is regarding the existence of a valid policy. Learned counsel had brought to my attention ground T in the memorandum of appeal wherein it is stated that the investigating authority at the time of filing charge sheet has specifically recorded the number of the policy and its period of validity. In spite of the same, the Tribunal did not grant an award MACA No.766/03 2 against the Insurance Company. The owner of the vehicle has entered appearance before this court. I direct the Insurance Company to verify regarding the said factor. For that purpose and for evidence on that point, the matter is remitted back. Therefore, the MACA is partly allowed and the award under challenge is set aside to the extent it relates to the exoneration of the Insurance Company from the liability. The claimant as well as the Insurance Company are directed to produce materials before the Tribunal and the Tribunal can decide the fact on the basis of the same. The Insurance Company shall also report before the Tribunal whether the policy mentioned in Ext.A1 charge sheet relates to the vehicle involved in the accident and if possible a copy can be produced. Parties are directed to appear before the Tribunal on 18.8.08. M.N.KRISHNAN, JUDGE vps MACA No.766/03 3