IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN WEDNESDAY, THE 28TH JULY 2010 / 6TH SRAVANA 1932 MACA.No. 214 of 2010(E) --------------------------- OPMV.2594/2005 of MOTOR ACCIDENT CLAIMS TRIBUNAL, KOZHIKODE .................... APPELLANT(S): PETITIONER ----------------------------- DR.BENNY P.D., S/O.DEVASSY, AGED 41 YEARS, PELLISSERY HOUSE, KOMMERY POST, THRISSUR. BY ADV. SRI.K.M.JAMALUDHEEN SMT.LATHA PRABHAKARAN RESPONDENT(S)/ RESPONDENTS: ----------------------------------------- 1. V.MANOJ, S/O.BALAKRISHNAN NAIR, VARIPPURATH HOUSE, KOMMERY POST, KOZHIKODE. 2. THE UNITED INDIA INSURANCE COMPANY LTD., DIVISIONAL OFFICE, NO.II, P.B.NO.192, SEEMA TOWERS, MAVOOR ROAD, CALICUT. ADV. SRI.JACOB ABRAHAM FOR R1 SMT.KOCHUMOL KODUVATH FOR R1 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 28/07/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: M.N. KRISHNAN, J. = = = = = = = = = = = = = = M.A.C.A. NO. 214 OF 2010 = = = = = = = = = = = = = = = Dated this the 28th day of July, 2010. J U D G M E N T This appeal is preferred against the award of the Motor Accidents Claims Tribunal, Kozhikode in O.P.(MV)2594/05. The claimant was awarded a compensation of Rs.6,000/- and the owner was directed to pay the amount and the insurance company was exonerated from the liability. It is very interesting to note that the driver was not even impleaded as a party and the Court had entered into a finding that the said driver was driving the vehicle consuming alcohol without driving licence. It is absolutely not justifiable without hearing him. Similarly the claimant has asked for enhancement of the compensation and the owner has further stated that the driver was having a valid driving licence as well. So all these matters requires reconsideration. 2. 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 the driver and also to M.A.C.A. 214 OF 2010 -:2:- the Tribunal to reconsider the quantum and regarding the exoneration of the insurance company from the liability. The claimant shall take out notice to the insurance company as well before proceeding further in the matter. Parties are directed to appear before the Tribunal on 12.9.2010. Sd/- M.N. KRISHNAN, JUDGE. ul/- [true copy] P.A. To Judge.