IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN MONDAY, THE 15TH MARCH 2010 / 24TH PHALGUNA 1931 MACA.No. 401 of 2007(C) -------------------------- OPMV.1497/2000 of MOTOR ACCIDENT CLAIMS TRIBUNAL, PERUMBAVOOR .................... APPELLANT(S): /PETITIONER ---------------------------------- T.M.GIRI, AGED 34 YEARS, S/O.MADHAVAN, THATTARUSSERY HOUSE, MUTTINAKAM, VARAPPUZHA P.O., REP.BY POWER OF ATTORNEY HOLDER, MR.P.K.ANTONY, AGED 60 YEARS, S/O.P.J.CHACKO, PARAYAMTHARA HOUSE, VISHNUPURAM, CHERANELLOOR. BY ADV. SRI.VIVEK VARGHESE P.J. RESPONDENT(S): RESPONDENTS IN OP(M.V) -------------------------------------------------- 1. MR.P.C.JOB, S/O.P.C.CHACKO, NAMBIARATHIPARAYIL HOUSE, POWER HOUSE ROAD, ALUVA. 2. K.V.PATHROSE, S/O.VARGHESE, C/O.JOHN, THONDOOR HOUSE, EDATHALA KARA (VIA), ALUVA. 3. NATIONAL INSURANCE CO.LTD., ALUVA. ADV. SRI.PAUL JACOB FOR R2 SRI.PEARL K.DAVIS FOR R2 SRI.I.K.RAJU FOR R2 SRI.K.R.MURALI FOR R2 SRI.AJITH K.M. FOR R2 SMT.SARAH SALVY FOR R.3 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 15/03/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: M.N. KRISHNAN, J. = = = = = = = = = = = = = = M.A.C.A. NO. 401 OF 2007 = = = = = = = = = = = = = = = Dated this the 15th day of March, 2010. J U D G M E N T This appeal is preferred against the award of the Motor Accidents Claims Tribunal, Perumbavoor in O.P.(MV)1497/00. The claimant, the owner of a mini lorry moved the Court for claiming damages. The Tribunal dismissed the case. It is against that decision he has come up in appeal. 2. Heard the learned counsel for the appellant as well as respondent. The learned Tribunal found that the hit is from behind and therefore negligence is on the driver of the mini lorry. On the other hand, the appellant would contend the bus which was parked on the road side was suddenly taken to the road without any signal and it was in that process the accident happened. It is true that under the provisions of the M.V.Act and Rules a person coming from behind is expected to keep a reasonable distance of 10 mtrs. from the ongoing vehicle. But it may not be possible in every case especially in the present set up where the traffic M.A.C.A. 401 OF 2007 -:2:- congestion is on the peak. The police has charge sheeted the driver of the bus. The driver of the mini lorry would come and depose about the negligence of the bus driver. The Tribunal decides on the theory of hit from behind and also the width of the road. But I think the matter requires better consideration and evidence can be let in to establish how the accident had really taken place. Therefore I set aside the order of dismissal and remit the case back to the Tribunal with a direction to permit both the sides to adduce documentary as well as oral evidence in support of their respective contentions and then the Tribunal to dispose of the matter in accordance with law. Parties are directed to appear before the Tribunal on 23.4.2010. M.N. KRISHNAN, JUDGE. ul/-