IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE A.K.BASHEER & THE HONOURABLE MR. JUSTICE P.Q.BARKATH ALI THURSDAY, THE 31ST MARCH 2011 / 10TH CHAITHRA 1933 MACA.No. 73 of 2011 ----------------------------------- OPMV.825/2002 of MOTOR ACCIDENT CLAIMS TRIBUNAL, MANJERI .................... APPELLANT / 2ND RESPONDENT: ----------------------------------------------------- A.P.KAREEM, S/O. MUHAMMED, ADANGUMPURAVAN NADUVALAKANDI VEETIL HOUSE, KAVANOOR AMSOM, P.O.KAVANOOR, VIA AREACODE MALAPPURAM DISTRICT. BY ADV. SRI.K.M.SATHYANATHA MENON RESPONDENTS / PETITIONER & RESPONDENTS 1 & 2: -------------------------------------------------------------------------------------- 1. SHIHAB @ SHIHABUDHEEN.P. MINOR, 17 YEARS, REPRESENTED BY GUARDIAN/ELDER BROTHER USMAN, 27 YEARS, S/O. LATE CHERIYA MOIDEEN, PALASSERI HOUSE, P.O.OMANOOR, VIA CHERUVAYOOR, MALAPPURAM DISTRICT-679 523. 2. ABDUL JALEEL.V.K., S/O.MUHAMMED, THUPPAKKOTTAMMAL HOUSE, CHEEKODE, P.O.OMANOOR, MALAPPURAM DISTRICT-679 523. 3. UNITED INDIA INSURANCE CO.LTD., BRANCH OFFICE, UP HILL, P.O.MALAPPURAM (INSURER) PIN-679 028. ADV. SRI.K.SHIBILI NAHA FOR R1&2 SMT.A.LOWSY FOR R1&2 SRI P MURALEEDHARAN B/O FOR R3 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING COME UP FOR ADMISSION ON 31/03/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: A.K.BASHEER & P.Q.BARKATH ALI, JJ. - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - M.A.C.A.No.73 OF 2011 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 31st day of March 2011 JUDGMENT Basheer, J. The short question that arises for consideration in this appeal is whether the Motor Accidents Claims Tribunal was justified in exonerating the insurance company from the liability to indemnify the owner of the vehicle involved in the accident. 2. It is not in dispute that the insurance company had issued a “B policy” in respect of the vehicle. Learned counsel for the company submits that the company had admitted before the Tribunal that such a policy issued by the company was subsisting at the time of the accident. 3. In that view of the matter, the finding entered by the Tribunal that the company would not be liable to indemnify the owner cannot be sustained. The said finding is set aside. It is held that respondent No.3/insurance company shall be liable to pay the compensation to the claimant. The award is modified to the above extent. Appeal is disposed of in the above terms. A.K.BASHEER, JUDGE P.Q.BARKATH ALI, JUDGE jes