This Motor Accident Claims Appeal质疑了受害者因警方车辆事故在法庭未能出示保单而获赔的裁决。高等法院推翻了要求支付赔偿的命令，但判决涉案方需额外支付每人5000卢比的损害费，并将保险人列为第三方当事人再行审理。
Direction to pay compensation set aside; Appellant to pay Rs.5,000 each as additional cost; Matter remanded to Tribunal to implead insurer and adjudicate.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.D.RAJAN
FRIDAY ,THE 12TH DAY OF OCTOBER 2018 / 20TH ASWINA, 1940
M.A.C.A.No. 3819 of 2017
AGAINST THE AWARD IN OP(MV) 217/2008 of MOTOR ACCIDENTS CLAIMS TRIBUNAL, ALAPPUZHA DATED 29-09-2016
APPELLANT/1ST RESPONDENT IN O.P (MV)S:
THE DIRECTOR GENERAL OF POLICE STATE OF KERALA,THIRUVANANTHAPURAM.
BY SRI.M.V.ANANDAN, SR.GOVERNMENT PLEADER
RESPONDENTS/PETITIONER AND 2ND RESPONDENT IN O.P(MV):
AGED 24 YEARS,S/O.CHANDRAN,PUTHANVEETTIL HOUSE,KARUVTTA,ALAPPUZHA-690517.
BY ADV. SRI.MATHEW JAMES
THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 12.10.2018, ALONG WITH M.A.C.A.NO.3840/2017, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
M.A.C.A.Nos. 3819 & 3840 of 2017 2
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.D.RAJAN
FRIDAY ,THE 12TH DAY OF OCTOBER 2018 / 20TH ASWINA, 1940
M.A.C.A.No. 3840 of 2017
AGAINST THE AWARD IN OP(M)V 218/2008 of MOTOR ACCIDENTS CLAIMS TRIBUNAL, ALAPPUZHA
APPELLANT/1ST RESPONDENT IN O.P (MV)S:
THE DIRECTOR GENERAL OF POLICE STATE OF KERALA, THIRUVANANTHAPURAM.
BY SRI.M.V.ANANDAN, SR.GOVERNMENT PLEADER
RESPONDENTS/PETITIONER AND 2ND RESPONDENT IN O.P(MV):
1 SUDHEESH S.
AGED 25 YEARS, S/O. SIVANANDAN, S.S. BHAVAN, THOTTAPPALLY P.O., PURAKKADU VILLAGE, PURAKKAD PANCHAYATH, WARD NO. 8, ALAPPUZHA - 688 534.
2 MUHAMMED RAJA. M S/O. MAKKAR, THAKYAARPARAMBU, ALISSERY WARD, ALAPPUZHA - 688 534.
THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 12.10.2018, ALONG WITH MACA.3819/2017, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
M.A.C.A.Nos. 3819 & 3840 of 2017 3
JUDGMENT
[ MACA 3819/2017 & MACA.3840/2017 ]
These appeals are preferred against the common award in OP (MV) Nos. 217 and 218 of 2008 of the Motor Accidents Claims Tribunal, Alappuzha by the owner of the vehicle. Claimant's case in the lower court is that on 13.3.2007 at 7.20 pm, petitioner in OP (MV) 218/2018 was riding a motor cycle through Alappuzha - Haripad NH road and the petitioner in OP(MV) 217/2018 was the pillion rider. When they reached at Thottappally spillway Bridge, a police Jeep bearing Registration No. KL-01/AD-4885 driven in a rash and negligent manner, hit against the motor cycle and as a result, they sustained serious injuries. Immediately they were taken to the hospital. The learned tribunal awarded compensation of Rs.48,800/- in OP(MV)No.218/08 and Rs.2,11,726/- in OP(MV) No.217/08 and directed the appellant, owner of the vehicle, to satisfy the award. Being aggrieved by that, the Director General of Police preferred these appeals.
M.A.C.A.Nos. 3819 & 3840 of 2017 4
but their documents were marked as Exts.A1 to A11. Disability certificate was marked as Ext.X1.
M.A.C.A.Nos. 3819 & 3840 of 2017 5
amount from Director General of Police/ State Police Chief or from his assets.
In the result, the direction to pay compensation by the driver and owner is set aside. Both parties are directed to appear before tribunal on 21.11.2018 and implead insurer as additional third respondent. On such impleadment, the tribunal shall give opportunity to file written statement if any to the additional third respondent and dispose the matter as per law
within six months of their appearance.
Sd/-
P.D.RAJAN, JUDGE.
ACM/16.10.2018
2 issues framed by the court
Whether the direction to pay compensation should be set aside given the owner's failure to produce the insurance policy in the lower court.
What additional costs should be imposed for the delay in producing the insurance policy.
THE DIRECTOR GENERAL OF POLICE STATE OF KERALA, THIRUVANANTHAPURAM
BIJU
MUHAMMED RAJA.M
P.D.RAJAN
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
