IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN THURSDAY, THE 6TH NOVEMBER 2008 / 15TH KARTHIKA 1930 MACA.No. 1965 of 2007 -------------------------------- OP(MV).NO.1979/2002 OF MOTOR ACCIDENT CLAIMS TRIBUNAL, ALAPPUZHA. .................... APPELLANT/ 3RD RESPONDENT: ----------------------------------------------- THE NEW INDIA ASSURANCE COMPANY LIMITED, KAYAMKULAM, NOW REPRESENTED BY ITS MANAGER, REGIONAL OFFICE, M.G.ROAD, KOCHI-11. BY ADV. SRI.MATHEWS JACOB (SR.), ADV. SRI.P.JACOB MATHEW. RESPONDENTS/ PETITIONER AND RESPONDETNS 1 & 2: ---------------------------------------------------------------------------------- 1. SATHYAN,S/O. GOVINDAN, UMMAPARAMBU, LAKSHAM VEEDU, KADAKKARAPPALLY, WARD NO. 10, CHERTHALA 2. SUDARSHAN, S/O.GOPALAN NAIR, KRISHNALAYAM VEETIL, THAMARAKKULAM P.O., MAVELIKKARA. 3. REJEEV S., S/O. SIVARAMAN NAIR, VALLIYATHU HOUSE, ERUMAKKUZHY, NOORANAD. R2 BY ADV. SRI.R.SUDHISH, ADV. SMT.M.MANJU, R3 BY ADV. SRI.K.SASIKUMAR. THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 06/11/2008,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: M.A.C.A. NO. 1965/2007-D: ORDER ON I.A. NO. 2490/2007 IN M.A.C.A. NO. 1965/2007-D DISMISSED 06/11/2008. SD/- M.N.KRISHNAN, JUDGE. //TRUE COPY// P.S. TO JUDGE. prv. M.N.KRISHNAN, J ===================== MACA No.1965 OF 2007 ===================== Dated this the 6th day of November 2008 JUDGMENT This appeal is preferred against the award of the Motor Accidents Claims Tribunal, Alappuzha in O.P.(MV)No.1979 of 2002. The Tribunal passed the award against respondents therein for Rs.60,000/- and directed the insurance company to pay the amount. The insurance company has come up in appeal contending that there is collusion between the claimant and respondents 2 and 3. 2. I had perused the files submitted before me by the learned counsel for the insurance company. It is seen that the person who is impleaded as a driver in this case is one Sudarshan whereas the documents produced in the case would show right from the first information statement that his name is Kaleshkumar, S/oKrishnankutty Nair. It is also seen that when a charge was filed the name of the accused was shown as Sudarshan, S/o.Gopalan Nair. The insurance company's file would reveal that thereafter the police filed a report on 7.6.2002 to correct it and the court issued summons to this Kaleshkumar and accordingly it was issued to him and he had appeared MACA 1965/2007 -:2:- before the court pleaded guilty and had been sentenced to pay fine on 17.10.2002. So the records would show that it was Kaleshkumar who was the rider of the bike and not Sudarshan. But unfortunately, the Tribunal has proceeded most probably on the basis of the petition and the charge sheet that it was Sudarshan, who had driven the vehicle. Therefore the whole procedure and award are now without a proper party on the party array. Therefore there is no other option but to set aside the entire award and remit the matter to the Tribunal with a direction to consider the entire matter afresh by impleading this Kaleshkumar either on an application by the claimant or by the insurance company or by the owner. Thereafter the court shall give opportunity to all parties to have additional pleadings as well as permission to produce both oral and documentary evidence in support of their respective contentions and then dispose of the matter in accordance with law. Till the disposal of the case, the amount if any deposited shall lie in court deposit. Parties are directed to appear before the Tribunal on 19.12.2008. M.N.KRISHNAN, JUDGE Cdp/-