IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN FRIDAY, THE 7TH NOVEMBER 2008 / 16TH KARTHIKA 1930 MACA.No. 43 of 2008(A) --------------------------------- (I.A. NO. 1632 (a)/ 2006 IN OP (MV).NO.770/2006 OF MOTOR ACCIDENT CLAIMS TRIBUNAL, THODUPUZHA. .................... APPELLANT/ 3RD RESPONDENT: ----------------------------------------------- THE ORIENTAL INSURANCE CO.LTD., KOTHAMANGALAM, REPRESENTED BY ITS ASSISTANT MANAGER, REGIONAL OFFICE, ERNAKULAM NORTH, KOCHI - 18. BY ADV. SRI.GEORGE CHERIAN (THIRUVALLA). RESPONDENTS/ CLAIMANTS: ------------------------------------------ 1. JYOTHI, S/O.JHANAPRAKASH, RESIDING AT WEST DIVISION, NALLATHANNI ESTATE, K.D.H.P.LTD., MUNNAR P.O., IDUKKI DISTRICT. 2. MARIYA, W/O.JYOTHI, RESIDING AT WEST DIVISION, NALLATHANNI ESTATE, K.D.H.P.LTD., MUNNAR P.O., IDUKKI DISTRICT. 3. VELAMKANNI, D/O.JYOTHI, RESIDING AT WEST DIVISION, NALLATHANNI ESTATE, K.D.H.P. LTD., MUNNAR P.O., IDUKKI DISTRICT. 4. PRABHU, S/O.JYOTHI, RESIDING AT WEST DIVISION, NALLATHANNI ESTATE, K.D.H.P.LTD., MUNNAR P.O., IDUKKI DISTRICT. 5. SALIM, S/O.MEERAN, KANJIRAKOTTU HOUSE, ANICADU KARA, RANDAR BHAGOM P.O., MUVATTUPUZHA. M.A.C.A. NO. 43/2008-A: 6. AZEEZ, S/O.KUNJU BHAVA, PANACKAL HOUSE, SALLYAMPARA P.O. VELLATHOOVAL, IDUKKI DISTRICT. 7. REHURAMAN, S/O.NAGA RAJ, RESIDING AT NEW COLONY, K.D.H. VILLAGE, MUNNAR P.O. IDUKKI DISTRICT. BY THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 07/11/2008,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: prv. M.N.KRISHNAN, J ===================== MACA No.43 OF 2008 ===================== Dated this the 7th day of November 2008 JUDGMENT This appeal is preferred against the award under Section 140 of the Motor Vehicles Act. The insurance Company has been directed to pay the amount under no fault liability. The contention of the insurance company is that the vehicle insured, viz., the jeep is not at all involved in the accident and since the rider of the scooter did not have any valid driving license or insurance coverage the jeep is falsely implicated and therefore no award shall be passed under Section 140 of the said Act. The very involvement of the vehicle is in dispute. There cannot be any summary satisfaction of the involvement of a vehicle by a mere perusal of the first information report or scene mahazar. Therefore it is desirable that the matter is decided on merit. Therefore the award under challenge is set aside and the matter is remitted back to the Tribunal with a direction to dispose of the claim petition itself within 3 months from the date of receipt of a copy of this judgment so that it can render final finding. If the amount is deposited, it MACA 43/2008 -:2:- shall remain in deposit before the Tribunal till the disposal of the appeal and ultimately the insurance company is found not liable, let it be reimbursed to the insurance company. MACA is disposed of as above. M.N.KRISHNAN, JUDGE Cdp/-