IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN THURSDAY, THE 22ND MAY 2008 / 1ST JYAISHTA 1930 MFA.No. 269 of 2002(A) -------------------------------- OP(MV.) 575/1995 OF MOTOR ACCIDENT CLAIMS TRIBUNAL, ALAPPUZHA ........................................ APPELLANT: APPELLANT/ADDL.4TH RESPONDENT: ------------------------------------------------------------------------- MR. BOBY, S/O. MATHEW, ANJILIMOOTTIL, EAST OF HEAD POST OFFICE, MULLACKAL, ALAPPUZHA. BY ADV. SRI.A.K.ALEX SRI.P.VIJAYARAGHAVAN RESPONDENTS: RESPONDENTS/ORIGINAL PETITIONER & RESPONDENTS 1,3: ----------------------------------------------------------------------------------------------------------------- 1. MR. NANDAKUMAR, S/O. VASUDEVAN NASIR, ASWATHI BHAVAN, ARATTUVAZHI WARD, ALAPPUZHA. 2. MR. VARGHESE KATTUNGAL, KATTUNGAL HOUSE, BEHIND GEO AUTOS, JANATHA JUNCTION, KOCHI. 3. MR. MUHAMMED SADIK. A., S/O. ABU, THAPALPARAMBIL HOUSE, PUTHANANGADI WARD, ALAPPUZHA. 4. THE MANAGER, UNITED INDIA INSURANCE CO. LTD., ALAPPUZHA. BY ADV. SRI.THOMAS MATHEW NELLIMOOTTIL FOR R4 THIS MISC. FIRST APPEAL HAVING BEEN FINALLY HEARD ON 22/05/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ORDER ON CMP NO. 1322/2002 IN OP NO. 269/2002 A. DISMISSED 22/05/2008. SD/- M.N.KRISHNAN, JUDGE. True copy Tga M.N.KRISHNAN, J ===================== M.F.A. No.269 OF 2002 ===================== Dated this the 22nd day of May 2008 JUDGMENT This appeal is preferred against the award of the Motor Accidents Claims Tribunal, Alappuzha in O.P.(MV)No.575 of 1995. By the said award, the Tribunal has awarded a compensation of Rs.17,250/- and directed respondents 1 and 4 in the O.P. to pay the amount. It is against that decision the 4th respondent has come up in appeal. 2. The case of the claimant is that while he was riding on a bicycle from west to east, a scooter came through the wrong side and hit on the cycle resulting in injuries to him. A private complaint was filed by the insured against the 2nd respondent as alleged rider of the scooter. Subsequently the police has filed a charge sheet against the present appellant and the Tribunal has passed an award against respondents 1 and 4. Just because the police has filed a charge sheet against a person one cannot jump to the conclusion that he is a person who has driven the vehicle. In this case, unfortunately, the 4th respondent did not contest at the initial stage and therefore his contentions are not known to the other parties. I am also MFA 269/2002 -:2:- informed that the criminal case against the present appellant has ended in acquittal. It is true that the finding on a criminal case may not be binding on the Tribunal but in a case of this nature all the facts and circumstances have to be looked into. Therefore I feel an opportunity can be given to the appellant. Therefore, the award under challenge is set aside and the matter is remitted back to the Tribunal for fresh consideration after permitting the 4th respondent, viz., the appellant herein to file a written statement and allowing the other parties to file replication or additional written statement as the case may be and then allow all the parties to adduce evidence and then dispose of the matter in accordance with law. Therefore the amount deposited shall remain in deposit in court till the disposal of the case. Parties are directed to appear before the Tribunal on 1.7.2008. M.N.KRISHNAN, JUDGE Cdp/-