IN THE HIGH COURT OF KERALA AT ERNAKULAM
MACA.No. 394 of 2003(P)
1. E.T.MARY, W/O. JOSEPH,
... Petitioner
Vs
1. T.T.ASHOKAN, S/O. KUMKAR,
... Respondent
2. MUHAMMAD K.K., S/O. MAMMY,
3. THE MANAGER,
For Petitioner :SRI.P.NARAYANAN
For Respondent :SRI.M.A.GEORGE
The Hon'ble MR. Justice J.B.KOSHY
The Hon'ble MR. Justice K.P.BALACHANDRAN
Dated :21/10/2008
O R D E R
J. B. KOSHY &
K. P. BALACHANDRAN, JJ.
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M. A. C. A. Nos.394 & 435 of 2003
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Dated this the 21st day of October, 2008
JUDGMENT
Koshy, J
Appellants are the claimants who were
injured in the same accident. The Tribunal
found that the accident occurred due to the
negligence of the second respondent/ driver of
the vehicle owned by the first respondent. The
third respondent/Insurance Company was made as
a party contending that as per the police
records it was that insurance company who
insured the vehicle at the time of the
accident. But Tribunal found that no evidence
was adduced to show that there was valid
insurance to the vehicle. Copy of the
insurance policy was produced along with the
appeal at the time of hearing. We directed the
Standing Counsel for the Insurance Company to
M. A. C. A. Nos.394 &435 of 2003 -2-
verify whether such a policy was issued. It
was submitted that such a policy was issued in
the name of the first respondent/owner of the
vehicle. Since a valid policy was issued by
the third respondent/Insurance Company, the
awarded amount should be deposited by the
Insurance Company. Therefore, third respondent/
Insurance Company is directed to deposit the
awarded amount with interest as directed by
the Tribunal.
Both the appeals are allowed to the above
extent.
J. B. KOSHY
JUDGE
K.P.BALACHANDRAN,
JUDGE
kns/-