IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN THURSDAY, THE 10TH JULY 2008 / 19TH ASHADHA 1930 MACA.No. 700 of 2004(B) ---------------------------------- OPMV.1395/1996 of MOTOR ACCIDENT CLAIMS TRIBUNAL, ALAPPUZHA .................... APPELLANT/1ST RESPONDENT: ------------------------------------------ JOHN THOMAS @ SIBY, S/O. THOMAS, KALAYIL PUTHEN PARAMBIL HOUSE, WARD NO.8, MADAPPALLY, CHANGANACHERY. BY ADV. SRI.PEARLY JOSE RESPONDENTS: ---------------------- 1. K.SARNAGAPANI, S/O. KUNJAN, PUTHUVAL VEEDU, NEERKUNNAM, AMBALAPUZHA. 2. ABUNAVAS, S/O. MEERA SAHIB, THEKKUMPURATH HOUSE, COLLEGE ROAD,PATHANAMTHITTA. 3. VIJAYAN NAIR, S/O. NARAYANAN NAIR, KALAPURACKAL HOUSE, PERUMPANACHY P.O., CHANGANACHERY. 4. SHAJI JOSEPH, VARIVILAM HOUSE, MADAMPALLY, PERUMPANACHY P.O., CHANGANACHERY. BY ADV. SRI.N.RAGHURAJ - R1 SMT.K.AMMINIKUTTY - R1 SRI.V.PHILIP MATHEW - R2 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 10/07/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ORDER ON I.A.NO.1673/2004 IN MACA. NO.700/2004 DISMISSED 10/07/2008. SD/- M.N.KRISHNAN, JUDGE // TRUE COPY // Rs/ M.N.KRISHNAN, J. -------------------------- M.A.C.A. No. 700 OF 2004 --------------------- Dated this the 10th day of July, 2008 JUDGMENT This appeal is preferred by the 1st respondent in the claim petition against the award passed by the Motor Accident Claims Tribunal, Alappuzha, in OP(MV) 1395/96 whereby it has ordered to pay a sum of Rs.32,500/- with interest. The liability is cast on the 1st and 2nd respondent jointly and severally and the 1st respondent is given a direction to deposit the amount. It is against that direction, the 1st respondent has preferred this appeal. 2. The main contention of the appellant is that the vehicle was registered in the name of Vijayan Nair and as per the agreement dated 30.5.96, the appellant herein has purchased the vehicle from one Shaji Joseph. Therefore, the ownership of the vehicle, even according to the agreement, if it is true, would fall upon the appellant only from 30.3.96. In other words, on the date of the accident, if Annexure A1 is true, the owner of the vehicle is Shaji Joseph. Unfortunately, neither this Shaji Joseph nor the registered owner Vijayan Nair are parties before the Tribunal. Therefore it appears MACA No.700/04 2 that an opportunity has to be given to the appellant herein to establish his case, though he is a defaulter before the Tribunal. Therefore, the award under challenge is set aside and the matter is remitted back to the Tribunal. The appellant herein is given permission to file appropriate applications for impleadment of Shaji Joseph and Vijayan Nair and the Tribunal is free to decide the matter in accordance with law. Parties are permitted to adduce documentary as well as oral evidence in support of their respective contentions. If they are impleaded, the Tribunal shall consider the question who was the owner liable for compensation and then cast the liability accordingly. It is desirable that at the expense of the appellant, notice be issued to all parties concerned before proceeding with the matter. Parties are directed to appear before the Tribunal on 21.8.08. M.N.KRISHNAN, JUDGE vps MACA No.700/04 3