IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN FRIDAY, THE 2ND JULY 2010 / 11TH ASHADHA 1932 MACA.No. 1367 of 2009() ----------------------- OPMV.656/1998 of MOTOR ACCIDENT CLAIMS TRIBUNAL, KOZHIKODE .................... APPELLANT(S): PETITIONER: --------------------------------------------- MOHAMMED SHAFI,AGED 20 YEARS, S/O. KOYAMMU, AREEPOYIL HOUSE, KAITHAPOYIL, KOZHIKODE. BY ADV. SMT.LATHA PRABHAKARAN RESPONDENT(S): RESPONDENTS IN OP(MV): ------------------------------------------------------------------- 1. P.K.BABY S/O. KURIAN,AGED 51 YEARS, PULIKKATTU HOUSE, MAILALLAMPARA POST, THIRUVAMBADY, KOZHIKODE. 2. THE UNITED INDIA INSURANCE CO.LTD., VELIMANNA BUILDING, THAMARASSERY. R2 BY ADV. SRI.S.ARUN RAJ THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING COME UP FOR ADMISSION ON 02/07/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss M.N. KRISHNAN, J. ........................................... M.A.C.A.NO.1367 OF 2009 ............................................. Dated this the 2nd day of July, 2010. J U D G M E N T This is an appeal preferred against the award of the Claims Tribunal, Kozhikode in OP(MV)No.656/1998. The claimant sustained injuries in a road accident and the Tribunal has awarded him a compensation of Rs.23,266/= and directed the insurance company to pay the amount. 2. At the out set, I may like to state that in the middle portion of the award a statement is made by the Tribunal that the insurance company can recover it from the owner. But when it reaches the concluding portion, it does not find a place. Why right to recovery ordered is not seen from the award. Similarly it can be seen that the Tribunal has not considered the matter in the correct perspective at all and therefore it is desirable that the entire award is set aside and the matter is remitted back to the Tribunal for fresh consideration on the quantum, liability etc. In the result, the MACA is allowed and the award under challenge is set aside and the matter is remitted back to the : 2 : M.A.C.A.NO.1367 OF 2009 Tribunal for a fresh consideration after permitting all concerned to adduce both documentary as well as oral evidence in support of their respective contentions and then dispose of the matter in accordance with law. Since there is a case of recovery, the claimant is directed to take out notice to the owner afresh after he enters appearance before the Tribunal. If any amount is lying in deposit, let it remain there until a final decision is taken in the matter. Parties are directed to appear before the Tribunal on 3.8.2010. Disposed of accordingly. M.N. KRISHNAN, JUDGE. cl : 3 : M.A.C.A.NO.1367 OF 2009