IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN MONDAY, THE 23RD NOVEMBER 2009 / 2ND AGRAHAYANA 1931 MACA.No. 792 of 2009() --------------------------------- OPMV.145/2006 of MOTOR ACCIDENT CLAIMS TRIBUNAL, PERUMBAVOOR .................... APPELLANT/ IST RESPONDENT --------------------------------------------- REJIMON. M.V, S/O.VISWANATHAN NAIR, MALAKUNNEL HOUSE, THIRUMARADY,THIRUMARADY.PO, KOOTHATTUKULAM, MUVATTUPUZHA (VIA), ERNAKULAM DIST. BY ADV. MR.T.A.UNNIKRISHNAN MR.P.P.BIJU RESPONDENTS/CLAIMANT,RESPONDENTS 2 & 3 ----------------------------------------- 1. JOJO VARGHESE,AGED 30 YEARS, S/O.VARGHESE,PAYYAPILLY HOUSE,LAKSHAM VEEDU COLONY KOKKUNNU,MOOKANNOOR.PO,MOOKKANNOOR VILLAGE, ALUVA TALUK. 2. ANOOP VARGHESE, S/O.VARGHESE, PAROKKARAN HOUSE, ATTARA, MOOKKANNOOR.PO, ANGAMALY(VIA), ERNAKULAMM DISTRICT. 3. THE NEW INDIA ASSURANCE CO.LTD, MADAPARAMBIL CHAMBERS, M.G.ROAD, MUVATTUPUZHA-686 661. R3 BY ADV. MR.P.G.GANAPPAN R1 BY ADV. MR.M.M.SAIDU MUHAMMED. THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING COME UP FOR ADMISSION ON 23/11/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: MACA.No. 792 of 2009 ORDER ON I.A. NO.996/2009 IN MACA. NO.792/2009 CLOSED 23/11/2009. SD/- M.N.KRISHNAN, JUDGE. //TRUE COPY// P.S. TO JUDGE rs. M.N. KRISHNAN, J. ........................................... M.A.C.A.No.792 OF 2009 ............................................. Dated this the 23rd day of November, 2009 J U D G M E N T This is an appeal preferred against the award of the Claims Tribunal, Perumbavoor in OP(MV)No.145/2006. The claimants filed an application for compensation and the Tribunal has awarded them a compensation and exonerated the insurance company from the liability on the ground that they were gratuitous passengers in a private vehicle and that the policy was only an Act only policy. Therefore, it directed the owner to pay the amount. The registered owner in the appeal, who did not appear before the court below, would contend that he was not the owner of the vehicle on the date of the accident. In support of that, he had produced one letter - Annexure A1, which would show that the financier had issued a letter as early as in September, 2005 to the effect that the appellant had surrendered the vehicle in their favour. The accident had taken place on 7.11.2005. What had transpired in between is not clear or properly explained. Therefore, it has become : 2 : M.A.C.A.No.792 OF 2009 necessary to give an opportunity to the registered owner to prove his contention. 2. Therefore, I set aside the award and remand the case back to the Tribunal with a direction to permit the 1st respondent namely the appellant herein to file a written statement and then in the light of the written statement, implead the necessary parties and thereafter permit the parties to adduce evidence in support of their contentions and then dispose of the matter in accordance with law. Since the claimants had not appeared before this Court, I direct the registered owner namely the appellant to take notice to the claimants after he enters appearance before the Tribunal. Since the liability of the insurance company has attained finality stating that it is not liable, they need not be further dragged into litigation for the said purpose. The parties are directed to appear before the Tribunal on 21.12.2009. Disposed of accordingly. M.N. KRISHNAN, JUDGE cl : 3 : M.A.C.A.No.792 OF 2009 : 4 : M.A.C.A.No.792 OF 2009