IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN WEDNESDAY, THE 18TH AUGUST 2010 / 27TH SRAVANA 1932 MACA.No. 2773 of 2009() --------------------------------- OPMV.211/2005 of MOTOR ACCIDENT CLAIMS TRIBUNAL, KOZHIKODE .................... APPELLANT(S): PETITIONER ------------------------------------------- PRASAD, AGED 20 YEARS, RESIDING AT KUNIYAMKULANGARA MEETHAL HOUSE, POYYAYIL, PILASSERY POST, KUNNAMANGALAM -VIA, KOZHIKODE. BY ADV. SMT.LATHA PRABHAKARAN RESPONDENT(S): RESPONDENTS IN OP. (MV) ----------------------------------------------------------------- 1. SIVASANKARAN T, S/O. GOVINDAN NAIR, THOTTASSERY HOUSE, KUNNAMANGALAM POST, VENGARA, MALAPPURAM. 2. ANIL KUMAR, S/O. GOVINDAN, CHEMBAYIL HOUSE, PARAPPOOR POST, IRINGALLOOR, MALAPPURAM. 3. THE UNITED INDIA INSURANCE CO. LTD., DIVISIONAL OFFICE, WHITE LINES BUILDING, KALLAIR ROAD, KOZHIKODE. R3 BY ADV. SMT.K.C.BEENA THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 18/08/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: tss M.N. KRISHNAN, J. ........................................... M.A.C.A.NO.2773 OF 2009 ............................................. Dated this the 18th day of August, 2010. J U D G M E N T This is an appeal preferred against the award of the Claims Tribunal, Kozhikode in O.P.(MV)No.211/2005. The Tribunal has dismissed the petition. It is against that decision, the present appeal is filed. 2. Heard the counsel for both sides. It is the case of the claimant that while he along with another boy was walking along the road, a bus came in a rash and negligent manner, hit on an auto rickshaw and that auto rickshaw hit on these persons resulting in injuries to them. The Tribunal found that the driver, owner and insurance company of the auto rickshaw are not impleaded. 3. It is for the claimant to state who was negligent and if that negligent is proved, the claimant is entitled to relief otherwise the claimant may not be entitled. So it is for the claimant to take the risk of impleading or non impleading of persons. I do not want to elaborate. The documents are lacking. The learned counsel prays for an opportunity. : 2 : M.A.C.A.NO.2773 OF 2009 Being a beneficial legislation, I am not depriving the chance. 4. Therefore the award under challenge is set aside and the matter is remitted back to the Tribunal with a direction to the claimant to implead and adduce evidence and then dispose of the matter in accordance with law. Needless to say that the insurance company is also permitted to let in evidence. Parties are directed to appear before the Tribunal on 24.9.2010. Disposed of accordingly. M.N. KRISHNAN, JUDGE. cl : 3 : M.A.C.A.NO.2773 OF 2009 M.N. KRISHNAN, J. ........................................... A.S.NO.OF 2010 ............................................. 2nd day of August, 2010. J U D G M E N T