IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN FRIDAY, THE 11TH JULY 2008 / 20TH ASHADHA 1930 M.A.C.A.No. 424 of 2005(B) --------------------------- O.P(MV).1183/1995 of MOTOR ACCIDENTS CLAIMS TRIBUNAL, TIRUR .................... APPELLANT/1ST RESPONDENT: ------------------------- KARATTUTHODI LATHIF, S/O. AVARAN, DRIVER OF AUTORICKSHAW KL-10/6932, VAIKATHUR MARAMKUNNU, KATTIPPARUTHI (VIA), MALAPPURAM DISTRICT. BY ADV. SRI.P.K.SURESH KUMAR SRI.K.P.SUDHEER RESPONDENTS/PETITIONER & RESPONDENTS 2 & 3 ------------------------------------------- * 1. PANNIYANKUZHIYIL SARA UMMA, W/O. SAIDALAVI, VALANCHERY, MALAPPURAM DISTRICT.(DELETED) 2. K.T.ABOOBACKER, S/O. MOHAMMED, OWNER OF AUTORICKSHAW KL-10/6932, KOTTARATHODI HOUSE, KOTTAKKAL, MALAPPURAM DISTRICT. 3. UNITED INDIA INSURANCE CO. LTD., BRANCH OFFICE, UP HILL, MALAPPURAM. BY ADV. SRI.A.R.GEORGE - R3 (*THE NAME OF R1 IS DELETED FROM THE PARTY ARRAY AS PER ORDER DATED 11/07/2008 IN M.A.C.A 424/2005.) THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 11/07/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: M.N.KRISHNAN, J ===================== MACA No.424 OF 2005 ===================== Dated this the 11th day of July 2008 JUDGMENT This appeal is preferred against the award of the Motor Accidents Claims Tribunal, Tirur in O.P.(MV)No.1183 of 1995. The Tribunal awarded a compensation of Rs.19,650/- with 12% interest and Rs.400/- as costs. The insurance company was exonerated from the liability on the ground that the insurance policy has not been proved. Thus the award passed is against respondents 1 and 2 in the claim petition jointly and severally. It is against that award the first respondent has preferred this appeal. 2. The vehicle involved in the accident is an auto rickshaw bearing Regn.No. KL 10/6932. The accident had taken place on 15.7.1992 at 6.45 p.m. Along with the memorandum of appeal Annexure A1 is produced to show that the vehicle was validly insured. Learned counsel for the insurance company also submits that there was a policy, but it could not be admitted at that time for want of particulars or in other words the existence of the policy is seen proved. The name of the registered owner, the registration MACA 424/2005 -:2:- number of the vehicle involved are all correct and the validity of the insurance is for the period from 30.11.1991 to 29.11.1992 and the accident had taken place on 15.7.1992. So it concludes that on the date of accident there was a valid coverage for the vehicle and the insurance company is bound to indemnify the owner of the vehicle. Therefore the award has to be modified. Respondents 1 to 3 in the original claim petition are jointly and severally liable and the insurance company has to pay the amount. It is submitted that the claimant is dead and an execution petition, E.P.3 of 2002 is pending before the Tribunal filed by the original claimant. The insurance company can deposit the amount before the Tribunal and the Tribunal, on satisfaction that who is the legal representative of the deceased claimant, can disburse the amount in accordance with law. Since the entire liability is now to be borne out by the insurance company, any amount deposited by the appellant herein is to be reimbursed to him. MACA is disposed of as above. M.N.KRISHNAN, JUDGE Cdp/-