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. 1528 of 2010() ------------------------------------- OPMV.1770/2004 of MOTOR ACCIDENT CLAIMS TRIBUNAL, NEYYATTINKARA .................... APPELLANT(S): APPLICANT ---------------------------------------- CHINNA PILLAI, D/O.POORANAM, DEVI VILAKATHU PUTHEN VEEDU, AYIRA, AYIRA P.O., NEYYATTINKARA. BY ADV. SRI.S.MOHAMMED AL RAFI RESPONDENT(S): RESPONDENTS ------------------------------------------------- 1. T.P.KANNAN, MANAGING DIRECTOR, TEAMWORK TRADING COMPANY PRIVATE LTD., H-1692, 15TH STREET, 13TH MAIN ROAD, ANNA NAGAR, CHENNAI-600 040. 2. THE DIVISIONAL MANAGER, ORIENTAL INSURANCE CO.LTD., DIVISIONAL OFFICE, THAKARAPARAMBU ROAD, THIRUVANANTHAPURAM-695 001. THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING COME UP FOR ADMISSION ON 18/08/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: tss M.N. KRISHNAN, J. ........................................... M.A.C.A.NO.1528 OF 2010 ............................................. 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, Neyyattinkara in OP(MV)No.1770/2004. The claimant sustained injuries in a road accident and the Tribunal has dismissed the claim application on the ground of non-joinder of necessary parties. There was an issue regarding non-joinder. In spite of the same, the claimant did not take any steps to implead. Really speaking, following the procedure under Order 1 Rules 9,10 and 13 it has to be summarily dismissed. But, this is a motor accident case where the claimant sustained injuries and justice shall not be a causality on the ground of technicality. Therefore in such circumstances I am inclined to grant an opportunity to the claimant to implead and I make it clear that this does not prevent him from raising all other legal contentions which he is entitled to do because it is a case where deemed transfer etc may arise and benefit may be available to the claimant. But it can be done after the owner alleged by the : 2 : M.A.C.A.NO.1528 OF 2010 first respondent is also impleaded. 2. Therefore without notice, I dispose of the appeal by setting aside the award with a direction to the Tribunal to give permission to all concerned to produce documentary as well as oral evidence in support of their respective contentions and especially an opportunity is given to the claimant to implead the person contended by the first respondent. The appellant/claimant is directed to appear before the court below on 24.9.2010 and thereafter take notice to all parties for a proper disposal of the matter. Disposed of accordingly. M.N. KRISHNAN, JUDGE. cl : 3 : M.A.C.A.NO.1528 OF 2010 M.N. KRISHNAN, J. ........................................... A.S.NO.OF 2010 ............................................. 2nd day of August, 2010. J U D G M E N T