IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE J.B.KOSHY & THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH THURSDAY, THE 4TH DECEMBER 2008 / 13TH AGRAHAYANA 1930 MACA.No. 1198 of 2007() ----------------------- OPMV.642/2004 of MOTOR ACCIDENT CLAIMS TRIBUNAL, TIRUR .................... APPELLANT: 3RD RESPONDENT: ---------------------------------------------------- NATIONAL INSURANCE COMPANY LIMITED, THRISSUR NOW REPRESENTED BY ITS MANAGER, KOCHI REGIONAL OFFICE, OMANA BUILDING, M.G.ROAD, KOCHI-35. BY ADV. SRI.MATHEWS JACOB (SR.) SRI.P.JACOB MATHEW RESPONDENT(S): PETITIONER AND RESPONDENTS 4 & 5: ----------------------------------------------------------------------------------------- 1. AMMUKUTTY, W/O.LATE KORAMAN, REMA NILAYAM, ANNAKKAMBAD, KALADY P.O., PONNANI TALUK. 2. KUNHUNNI, S/O.KARUPPUNNI, KOTHAMBATH HOUSE, PERUMPARAMBU P.O., PONNANI, MALAPPURAM DISTRICT. 3. THE ORIENTAL INSURANCE COMPANY LIMITED, C.K.H.BUILDING, THAZHEPPALAM, TIRUR. (NO RELIEFS ARE CLAIMED AGAINST RESPONDENTS 1 AND 2 IN THE ABOVE ORIGINAL PETITION AND HENCE THEY ARE NOT MADE PARTIES IN THIS APPEAL). ADV. SRI.V.E.ABDUL GAFOOR FOR R1 SRI.P.V.CHANDRA MOHAN FOR R2 SRI.GEORGE CHERIAN (THIRUVALLA) FOR R3 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 04/12/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss J.B.KOSHY & THOMAS P. JOSEPH, JJ. ================================ M.A.C.A.No.1198 of 2007 - G =============================== Dated this the 4th day of December, 2008. J U D G M E N T KOSHY, J. This appeal is filed by the insurance company. O.P.(MV).No.643 of 2004 was filed by another claimant, injured in the same accident. This Court by judgment dated 8.8.2008 in M.A.C.A.No.1209 of 2007 arising from the award in that case held that there is no clear evidence regarding negligence. Hence, that award was set aside and the case was remanded for further evidence. To avoid conflict on facts, we set aside the award under challenge and remand the matter to the Tribunal for fresh consideration as per the directions in the judgment in M.A.C.A. No. 1209 of 2007. In that case, parties were directed to appear before the Tribunal on 18.9.2008. Parties in this case are directed to appear before the Tribunal on 17.12.2008 and the Tribunal may post all connected cases together and dispose of the same. Registry is directed to send a copy of this judgment immediately to the Tribunal. J.B.KOSHY, JUDGE THOMAS P. JOSEPH, JUDGE bkn/-