IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN THURSDAY, THE 13TH NOVEMBER 2008 / 22ND KARTHIKA 1930 MACA.No. 593 of 2006() -------------------------------- OPMV.1312/2002 of MOTOR ACCIDENT CLAIMS TRIBUNAL, N.PARAVUR .................... APPELLANT/3RD RESPONDENT: ---------------------------------------------- UNITED INDIA INSURANCE COMPANY LTD., REPRESENTED BY ITS DEPUTY MANAGER,THIRD PARTY CELL VETTUKATTIL BUILDINGS, KOCHI-16. BY ADV. SRI.P.R.RAMACHANDRA MENON RESPONDENTS/CLAIMANT & RESPONDENT 1 & 2 RESPCETIVELY: ------------------------------------------------------------------------------------------------ 1. BEERAPILLA, S/O. SULAIMAN, CHERUPPILLY HOUSE, CHERLAMATTAM, PERUMBAVOOR. 2. NISHAD V., S/O. NARAYANAN, VALLIKKAT HOUSE, PONNANI P.O., MALAPPURAM DISTRICT 3. MUKUNDAN, S/O. GOPI, MURUKKUM THODIYIL HOUSE, KATTATHARA, -DO- -DO-. ADV. SRI.K.P.MUJEEB FOR R2, R3 SRI.N.ANILKUMAR FOR R1 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 13/11/2008,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Rs/ M.N.KRISHNAN, J ===================== MACA No.593 OF 2006 ===================== Dated this the 13th day of November 2008 JUDGMENT This appeal is preferred against the award of the Motor Accidents Claims Tribunal, N.Paravur in O.P.(MV)No.1312 of 2002. The claimant, a driver of the tempo van sustained injuries in a road accident when it collided with another tempo. The Tribunal found that the 2nd respondent was liable for the accident and awarded compensation. It is against that decision, the insurance company has come up in appeal. 2. Heard the counsel. A perusal of the award would show that the Tribunal has committed a fundamental mistake with respect to the place of accident. A perusal of the scene mahazar made available before me would show that the place of accident is 80 cms north of the southern tar end in a road which is having a width of 5.96 metres. But the Tribunal has noted the spot of this accident as 80 cms south of northern tar end and it further observed that the offending vehicle was coming from east to west and the petitioner's vehicle was coming from west to east. When the place of accident is just the reverse as per the scene mahazar the finding of the Tribunal on the question of vehicle being on the wrong side is also changed MACA 593/2006 -:2:- and therefore it has resulted in a wrong finding. Therefore the matter requires reconsideration. Therefore the award under challenge is set aside and the matter is remitted back to the Tribunal for fresh consideration and all the parties are permitted to produce both documentary as well as oral evidence in support of their respective contentions and then dispose of the matter in accordance with law. Parties are directed to appear before the Tribunal on 27.12.2008. MACA is disposed of as above. M.N.KRISHNAN, JUDGE Cdp/-