IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN THURSDAY, THE 28TH AUGUST 2008 / 6TH BHADRA 1930 MACA.No. 1712 of 2007() ----------------------- OPMV.242/2003 of MOTOR ACCIDENT CLAIMS TRIBUNAL, MUVATTUPUZHA .................... APPELLANT/PETITIONER --------------------------- SHAHUL HAMEED, S/O. MYTHEEN, MECHERI HOUSE, MURIKKASSERYKARA, VATHIKKUDY VILLAGE, IDUKKI DISTRICT. BY ADV. SRI.R.BINDU (SASTHAMANGALAM) RESPONDENTS: RESPONDENTS ------------------------------------- 1. T.K.SHAJI, THETTILAMARIYIL HOUSE, KAVUMKARA, VELLOORKKUNNAM VILLAGE, MUVATTUPUZHA. 2. M.K.MATHAI, METHANATH HOUSE, PADAMUKAMKARA, VATHIKUDY VILLAGE, IDUKKI DISTRICT. 3. M/S. NATIONAL INSURANCE COMPANY LIMITED, THODUPUZHA. 4. RAJESH AGARWAL, ASSAM FREIGHT CARRIER, 37/1889, 2ND FLOOR, SWAPNA BUILDINGS, JEW STREET, KOCHI-31. BY ADV. SRI.RAJAN P.KALIYATH FOR R3 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING COME UP FOR ADMISSION ON 28/08/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: M.N.KRISHNAN, J. -------------------------- M.A.C.A. No. 1712 OF 2007 --------------------- Dated this the 28th day of August, 2008 JUDGMENT This appeal is preferred against the award passed by the Motor Accident Claims Tribunal, Muvattupuzha, in OP(MV) 242/03. The claim petition is filed for claiming damages to the vehicle alleged to be owned by the claimant before the Tribunal. The 4th respondent is the registered owner of the motor cycle. The Tribunal found that the accident took place on account of the rash and negligent driving of the lorry driver but dismissed the case on the ground that the ownership of the vehicle has not been proved. 2. A reading of the written statement extracted by the Claims Tribunal does not show that anybody has really disputed the ownership of the vehicle. Learned counsel for the Insurance Company had brought to my notice that such a contention is there in the written statement. Whatever it may be, while awarding compensation, the Tribunal has to satisfy its conscience regarding the ownership of the vehicle. Mere release of a vehicle on Kychit in favour of the claimant will not confer any ownership on him. If he MACA No. 1712/07 2 really owns the vehicle, some evidence must be produced before the Tribunal to establish the same. Therefore, I grant him an opportunity to prove his ownership over the vehicle. Therefore, the award under challenge is set aside and the matter is remitted back to the Tribunal for fresh consideration. The claimant as well as the Insurance Company is given an opportunity to produce documentary as well as oral evidence in support of their respective contentions regarding the ownership of the vehicle. After hearing both sides, the Tribunal shall dispose of the matter in accordance with law. Parties are directed to appear before the Tribunal on 20.10.08. M.N.KRISHNAN, JUDGE vps MACA No. 1712/07 3