IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.PADMANABHAN NAIR WEDNESDAY, THE 26TH MARCH 2008 / 6TH CHAITHRA 1930 MFA.No. 149 of 2002() --------------------- O.P.(MV) NO.2274/1995 OF MACT., PALA. APPELLANT: 1ST RESPONDENT IN THE O.P. ------------------------------------- M.J.JOSEPH, MULAKKAL HOUSE, KOZHATHADIYOOR KARA, LALAM VILLAGE, MOONNANI P.O. BY ADV. SRI.JAMES KURIAN RESPONDENTS: PETITIONER AND 2 RESPONDENT IN THE O.P. -------------------------------------------- 1. SHAJI, S/O. JOSEPH, KURUVINAKUNNEL HOUSE, VALAVOOR KARA, VALLICHIRA VILLAGE, VALAVOOR P.O. 2. P.J.JOSEPH, PUTHENVEETTIL, KANNAMALA P.O., ERUMELY. BY ADV. SRI.S.PRASANTH THIS MISC. FIRST APPEAL HAVING BEEN FINALLY HEARD ON 26/03/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ORDER ON IA NOS.943/2007 & 72/2008 IN MACA NO.694/2007 DISMISSED 27.2.2008. Sd/-K.PADMANABHAN NAIR, JUDGE //TRUE COPY// K. PADMANABHAN NAIR ,J. ------------------------------------------------- M.F.A.No.149 of 2002 ------------------------------------------------- Dated, this the 26th day of March, 2008 JUDGMENT The first respondent in O.P.(MV) No.2274/1995 on the file of the Motor Accidents Claims Tribunal, Pala is the appellant. Appeal is filed challenging an award passed by the Tribunal awarding a compensation of Rs.56,000/- with 9% interest to the first respondent. The first respondent herein filed Original Petition before the Motor Accidents Claims Tribunal, Kottayam as O.P.(MV) No.113/1995 which was subsequently transferred to Motor Accidents Claims Tribunal, Pala and numbered as O.P.(MV) No.2274/1995. First respondent contended that he sustained injuries in a motor vehicle accident involving a jeep bearing registration No. KL.5 - 4459 on 31.10.1993. According to the first respondent he was riding a bicycle when the jeep came in a rash or negligent manner and hit against the bicycle and he sustained injuries. Though there was an averment in the Original Petition to the effect that the third respondent was the insurer of the vehicle, no insurer was impleaded. Appellant driver alone contested the matter. It was contended that he was holding a valid driving licence and vehicle was covered with a valid policy of insurance. It was also contended that the appellant was not driving the vehicle at the relevant time. First respondent/claimant was examined as PW1. He deposed that at about 4 p.m. on 31.10.1993 while he was standing on the side of the road talking with his friends MFA No.149/2002 2 the jeep bearing registration KL 5 - 4459 came in a rash or negligent manner and hit against his body though in the Original Petition it was averred that accident occurred while he was riding a bicycle. Without any further explanation the Tribunal assumed the evidence given by PW1 was is a wrong statement of fact. Tribunal noted the fact that in the FIR given to the Police it was admitted that the accident occurred while the claimant was riding a motor cycle. The appellant has got a case that though a criminal case was registered against him, after taking evidence the learned Magistrate found that the appellant was not the driver and acquitted him. It was contended that though the appellant produced the judgment of the Criminal Court and offered to give evidence, he was denied of that opportunity. Tribunal took note of the fact the petitioner in the Original Petition sustained only two minor injuries and no fracture or dislocation of bone was caused. But, at the same time relying on a disability certificate which was not even proved properly, the Tribunal awarded an amount of Rs.20,000/- as compensation for pain and suffering and another Rs.20,000/- for disability. Tribunal has not considered the matter on its proper perspective. After hearing both sides, I am of the view that it is only just and proper that the appellant be given an opportunity to adduce evidence, if so advised. In the result, appeal is allowed. The award passed by the Tribunal in O.P. (MV) No.2274/1995 is hereby set aside. O.P.(MV) No.2274/1995 is remanded to Tribunal for fresh disposal in accordance with law, after affording both sides an MFA No.149/2002 3 opportunity to amend the pleading and/or adduce further further evidence, if so advised. Parties shall appear before the Tribunal on 28.5.2008. I.A.No.2064/2002 in MFA No.149/2002 will stand dismissed. K. PADMANABHAN NAIR, JUDGE. cks MFA No.149/2002 4 K.PADMANABHAN NAIR, J. M.F.A.No.149 of 2002 JUDGMENT 26th March, 2008.