IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN MONDAY, THE 24TH NOVEMBER 2008 / 3RD AGRAHAYANA 1930 MACA.No. 1064 of 2008(A) ------------------------------------- OP(MV).NO.49/2003 OF MOTOR ACCIDENT CLAIMS TRIBUNAL, N.PARAVUR .................... APPELLANT/ 3RD RESPONDENT: ------------------------------------------------ UNITED INDIA INSURANCE CO. LTD., REP. BY ITS ASST. MANAGER, REGIONAL OFFICE, SHARANYA, HOSPITAL ROAD, KOCHI-11. BY ADV. SRI.P.R.RAMACHANDRA MENON. RESPONDENTS/ PETITIONERS & RESPONDENTS 1 & 2 RESPECTIVELY: ------------------------------------------------------------------------------------------------------ 1. N.T.LINSON, AGED ABOUT 19 YEARS, S/O.THOMAS NELKUNNASSERY HOUSE, OLANADU, VARAPUZHA P.O., PARUR TALUK, ERNAKULAM DISTRICT. 2. SHIVANAND S. SUDHA, SHIVA CO-OPERATIVE HOUSING SOCIETY, FLAT NO.9, NANDA PAKKOM ROAD, MUMBAI, MAHARASHTRA. 3. ABDUL BASHEER, S/O.HAMSA ELLIKKAD, THODIYIL HOUSE, URULIPADI, PARUTHOOR, PATTAMBI P.O., PALAKKAD DISTRICT. R1 BY ADV. SRI.G.BALAMURALEEDHARAN (PARAVUR), ADV. SRI.MATHEWS V.JACOB (PARAVUR), ADV. SRI.N.T.NANDAKUMAR (PARAVUR), R3 BY ADV. SRI.P.PARAMESWARAN NAIR. THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 24/11/2008,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: M.A.C.A. NO. 1064/2008-A: ORDER ON I.A. NO. 1295/2008 IN M.A.C.A. NO. 1064/2008-A DISMISSED 24/11/2008. SD/- M.N.KRISHNAN, JUDGE. //TRUE COPY// P.S. TO JUDGE. prv. M.N. KRISHNAN, J. = = = = = = = = = = = = = = M.A.C.A. NO. 1064 OF 2008 = = = = = = = = = = = = = = = Dated this the 24th day of November, 2008. J U D G M E N T This appeal is preferred against the award of the Motor Accidents Claims Tribunal, North Paravur in O.P.(MV)49/03. The claimant is awarded a total compensation of Rs.43,500/- and directed the insurance company to pay the amount. The insurance company has raised the contention that there is no valid policy. A perusal of the cause title of the award would reveal that the claim against R2 stands dismissed on 22.2.03. It is not proper at all for the following reasons: (1) The owner is made vicariously liable for the act of the driver and the insurance company is bound to indemnify the vicarious liability of the owner. (2) Suppose the claim petition against the driver is dismissed then there cannot be an award against the owner who can be held only vicariously liable for the act of the driver. M.A.C.A. 1064 OF 2008 -:2:- Therefore there is a fundamental mistake committed by the Tribunal which requires correction. Similarly, when it is so the insurance company's contention regarding the non existence of policy also to be further probed into. Therefore I set aside the award and remit the case back to the Tribunal with a direction to complete the service against the driver. It shall also give an opportunity to the insurance company to prove the non existence of a policy. Since others have not participated in this case I direct the insurance company to take out notice to all the parties after it enters appearance before the Court below. Parties are directed to appear before the Tribunal on 30.12.08. The MACA is disposed of accordingly. M.N. KRISHNAN, JUDGE. ul/-