IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN MONDAY, THE 31ST JANUARY 2011 / 11TH MAGHA 1932 MACA.No. 197 of 2011() ----------------------------------- OPMV.1144/1999 of MOTOR ACCIDENT CLAIMS TRIBUNAL, TRIVANDRUM .................... APPELLANT(S): IST RESPONDENT ------------------------------------------------- DHEERAJ, S/O. RAJENDRA PRASAD, SUDHEERAM HOUSE, NO.2, N.V.NAGAR, PEROORKADA P.O., THIRUVANANTHAPURAM REP.BY HIS POWER OF ATTORNEY HOLDER, SARI.N.RAJENDRA PRASAD, SUDHEERAM HOUSE, NO.2 N.V.NAGAR, PEROORKADA P.O., THIRUVANANTHAPURAM. BY ADVS. SRI.D.SAJEEV SMT.LIGEY ANTONY RESPONDENT(S): 2ND RESPONDENT/APPLICANT ----------------------------------------------------------------------- 1. THE MANAGER, NEW INDIA ASSURANCE CO.LTD., BRANCH II 26/1436, GOVT. PRESS ROAD, THIRUVANANTHAPURAM 01. 2. SUMESH (MINOR) S/O.SUBASH, ADUPPUKOOTTANPARA PUTHUVALPUTHEN VEEDU, PEROORKADA P.O., THIRUVANANTHAPURAM (MINOR IS REP.BY HIS FATHER AND HIS GUARDIAN AND NEXT FRIEND) 695 005. ADV. SRI.LAL GEORGE THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 31/01/2011 , THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: tss M.N. KRISHNAN, J. = = = = = = = = = = = = = = M.A.C.A. NO. 197 OF 2011 = = = = = = = = = = = = = = = Dated this the 31st day of January, 2011. J U D G M E N T This appeal is preferred against the award of the Motor Accidents Claims Tribunal, Thiruvananthpauram in O.P.(MV)1144/99. The claimant has been awarded a compensation of Rs.14,000/- and the liability is cast on the first respondent, the present appellant for the reason that the existence of a valid policy is not admitted. It is against that decision the owner has come up in appeal. 2. After perusing the papers it is seen that the vehicle was validly insured for the period 4.10.97 to 3.10.98 and the accident took place on 3.10.98. at 9.30 a.m. during the currency of the policy. Therefore the insurance company is liable to pay the amount. The procedure requires the owner namely the appellant to participate in the trial and produce materials before Court regarding M.A.C.A. 197 OF 2011 -:2:- the existence of a policy. Not only he did not appear he had come forward with an appeal after a long, long period. So that laches cannot be put on the insurance company and therefore I find that the interest that is the due to the claimant has to be paid by the owner at least from the date of award namely 31.3.03 till it is actually paid. 3. In the result the MACA is partly allowed and the award passed by the Tribunal is modified whereby the insurance company is directed to deposit the amount of Rs.14,000/- with 9% interest from 19.8.99 till 31.3.03 and the interest that is due from 18.2.09 till realisation has to be paid by the present appellant to the claimant. M.N. KRISHNAN, JUDGE. ul/-