IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN TUESDAY, THE 1ST JULY 2008 / 10TH ASHADHA 1930 MACA.No. 657 of 2007() --------------------------------- O.P.(M.V.)NO.459 OF 2002 OF THE MOTOR ACCIDENTS CLAIMS TRI\, KOTTAYAM. -------------------- APPELLANT/CLAIMANT. ------------------------------------ THANKACHAN ANTONY, PUTHUPARAMBIL HOUSE, BISHIP COLONY, FATHIMAPURAM P.O., CHENGANACHERRY. BY ADV. SRI.JAMES KURIAN SRI.SANTHOSH MODAYIL RESPONDENTS/ RESPONDENTS 1 TO 3 & ADDL. 4TH RESPONDENT. -------------------------------------------------------------------------------------------------- 1. THE SECRETARY, PRIVATE MOTOR WORKERS INDUSTRIAL CO-OPERATIVE SOCIETY LTD, NO.4203, KAYAMKULAM. 2. ANANDAN, ATHULYA @ MADAVANA, PUTHENVEETTIL, SOORANADU, PADINJAREKIZHAKKEMURI, KUNNATHUR TALUK, QUILON. 3. THE UNITED INDIA INSURANCE COMPANY LTD. KAYAMKULAM. 4. L.SIVANANDAN, ILLIKULATHUTHEKKETHIL, KUTTUCHIRA, PALLICKAL P.O., KAYAMKULAM. BY ADV. SRI.N.S.MOHAMMED USMAN - R3 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 01/07/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: M.N. KRISHNAN, J. = = = = = = = = = = = = = = M.A.C.A. NO. 657 OF 2007 = = = = = = = = = = = = = = = Dated this the 1st day of July, 2008. J U D G M E N T This appeal is preferred against the award of the Motor Accidents Claims Tribunal, Kottayam in O.P.(MV)459/02. The claimant was a passenger in a Transport Bus bearing registration No.KL15/4554. The K.S.R.T.C. bus was proceeding from south to north. Its correct side was western side. The Tribunal found that the accident had taken place on the eastern side and therefore held that it was the driver of the K.S.R.T.C. bus who is responsible for the accident and on account of the non-impleadment of K.S.R.T.C. disallowed the claim petition. Learned counsel for the appellant has pointed out to me that the charge sheet has been subsequently corrected and the driver of the private bus had appeared before the Magistrate Court and pleaded guilty and he has also given me for perusal the judgment of the Judicial Magistrate of I Class, Thiruvalla in C.C.198/02. It can also be seen that the said judgment has been produced and marked M.A.C.A. 657 OF 2007 -:2:- as Ext.A13 before the Tribunal. The Tribunal has not adverted its mind to the charge sheet or the judgment of the criminal Court and had simply relied on the scene mahazar to arrive at a decision. It is not proper. It should have taken into consideration all the materials and arrive at a decision. Therefore the award under challenge is set aside and the matter is remitted back to the Tribunal for fresh consideration. If the claimant feels that the K.S.R.T.C. has to be impleaded, is at liberty to do so and thereafter all parties are permitted to adduce evidence in support of their respective contentions and then the matter be disposed of in accordance with law. Parties are directed to appear before the Tribunal on 6.8.08. M.N. KRISHNAN, JUDGE. ul/-