IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN WEDNESDAY, THE 17TH DECEMBER 2008 / 26TH AGRAHAYANA 1930 MACA.No. 2085 of 2007 ----------------------- OPMV.798/1999 of MOTOR ACCIDENT CLAIMS TRIBUNAL, ERNAKULAM .................... APPELLANT : ----------------- DENNY PHILIP, MANAGING PARTNER, BUILDING ENGINEER, M.K.K.NAIR ROAD, PALARIVATTOM. BY ADV. SRI.MATHEWS K.PHILIP SMT.T.MANASY RESPONDENTS: --------------------- 1. ANTONY P.V., S/O VARKEY, PUTHENPURAKAL HOUSE, MUNDAMVELI. 2. THOMAS, S/O JOSEPH, PANACHIKKAL HOUSE, NEAR ST. THOMAS HOSPITAL, MALAYATTOOR P.O., MALAYATTOOR. ADV. SRI.N.RATHEESH FOR R1 SMT.SUMA RATHEESH THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 17/12/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: MACA No. 2085/2007 ORDER ON I.A. 2678/07 IN M.A.C.A. No. 2085/2007 DISMISSED SD/- M. N. KRISHNAN, JUDGE 17.12.2008 /True copy/ P.A. TO Judge M.N. KRISHNAN, J ----------------------- M.A.C.A.No. 2085 OF 2007 --------------------------------- Dated this the 17th day of December, 2008 JUDGMENT This appeal is preferred against the award of the Motor Accident Claims Tribunal, Ernakulam in O.P.(MV) No.798/99. The claimant sustained injuries in a road accident and the tribunal had awarded a compensation of Rs. 16,000. The owner of the vehicle has filed this appeal with the grievance that though the vehicle is validly insured, the Insurance Company has not been impleaded and the liability has been cast upon him. He also submits that in spite of an application being filed by the claimant, the tribunal did not allow the application to implead the Insurance Company. The counsel for the appellant would contend that he had produced the policy before the tribunal. He had also made available before me for perusal a copy of the Insurance policy relating to the vehicle involved in the accident, which shows that it had a valid coverage from 12.3.98 to 11.3.99 and that the accident had taken place on 6.5.98. So if there is policy, certainly the owner is liable to be indemnified by the Insurance Company. But unfortunately the parties did not take adequate care or proper steps in appropriate M.A.C.A.No. 2085/2007 -2- time and the tribunal also did not allow the impleadment application which I consider as improper. 2. Therefore the award under challenge is set aside and the matter is remitted back to the tribunal with a direction to the appellant herein to file an application for impleadment of the Insurance Company and permitting the appellant herein to produce the vehicular documents or the insurance policy and then matter be disposed of in accordance with law. If there has been laches on the part of the parties, the tribunal is at liberty to consider in granting the interest after hearing the parties. Parties are directed to appear before the tribunal on 22.01.2009 M.N. KRISHNAN,JUDGE vkm