IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.N.RAMACHANDRAN NAIR & THE HONOURABLE MR. JUSTICE C.K.ABDUL REHIM FRIDAY, THE 28TH AUGUST 2009 / 6TH BHADRA 1931 MACA.No. 590 of 2003() ---------------------- OPMV.2032/1998 of ADDL.MOTOR ACCIDENT CLAIMS TRIBUNAL, ALAPPUZHA .................... APPELLANT/3RD RESPONDENT IN THE OP(MV): ---------------------------------------------------- NEW INDIA ASSURANCE COMPANY LTD., THOPPUMPADY, REPRESENTED BY THE ASSISTANT ADMINISTRATIVE OFFICER, NEW INDIA ASSURANCE COMPANY LTD., REGIONAL OFFICE, KAVS BUILDINGS, M.G.ROAD, ERNAKULAM. BY ADV. SRI.LAL GEORGE RESPONDENT(S): PETITIONER & RESPONDENTS 1 & 2 IN THE OP(MV) ----------------------------------------------------------- 1. JACOB E.A., S/O.ANTONY, ERAVELIL HOUSE, PERUMPADAPPU ROAD, COCHIN. 2. NAZAR, RANDATHILPARAMBIL HOUSE, PERUMPADAPPU, DIVISION NO.21, COCHIN CORPORATION. 3. SAINUDHEEN S/O. ABDUL REHMAN, 21/1869 PUTHENVEEDU, THENGAL NAGAR, COCHIN CORPORATION, DIVISION NO.21, KOCHI. THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 28/08/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: M.A.C.A.590/2003 ORDER ON I.A. 2162 OF 2003 IN M.A.C.A.590 OF 2003 DISMISSED. SD/- C.N.RAMACHANDRAN NAIR, JUDGE. SD/- C.K.ABDUL REHIM, JUDGE. 28.8.2009 okb /True copy/ P.A. to Judge C.N.RAMACHANDRAN NAIR & C.K.ABDUL REHIM, JJ. ----------------------------------- M.A.C.A. No. 590 of 2003 -------------------------------------- Dated this the 28th day of August, 2009 J U D G M E N T ---------------------- Abdul Rehim, J. The 3rd respondent in OP(MV).2032/98 on the files of Motor Accidents Claims Tribunal, Alappuzha is the appellant. He is the insurer of an insulated van bearing Regn:No:KRF/7787 involved in the accident. The accident occurred when the above said vehicle collided with a mini lorry bearing Regn:No:KL-7/L7558. The Driver of the mini lorry who sustained injuries is the claimant before the Tribunal. Respondents 1 and 2 are the driver and owner of the insulated van to which the appellant is the insurer. The Tribunal found that the 1st respondent in the claim petition was negligent in causing accident and therefore held that the appellant insurance company as liable to pay the amount of compensation awarded. The challenge in this appeal is mainly against the findings of the Tribunal on the aspect of negligence. 2. On a scanning of the award it is found that the Tribunal had solely relied on documents pertaining to the criminal case registered with respect to the accident. The MACA.590/03 2 Tribunal relied on Ext.A1 F.I.R., A2 charge sheet, A3 and A4 copies of AMVI's Reports, A5 scene mahazar, etc. for arriving at a conclusion that the 1st respondent was negligent in causing the accident. But the learned counsel for the appellant had produced for our perusal copies of the above said documents which clearly indicates that the F.I.R. was registered against the driver of the mini lorry bearing Regn:No:KL-7/L7558 and the case was charge sheeted only against the claimant after investigation. Therefore it is evident that the entire police records reveal that the claimant before the Tribunal alone was negligent in causing the accident. Hence it is revealed that there is an apparent error on the part of the Tribunal in appreciating the evidence and in arriving at a findings regarding negligence. 3. Under the above circumstances we are inclined to set aside the award and to remand the case for fresh disposal by the Tribunal. It is made clear that the Tribunal shall issue notice to the claimant and offer opportunity to implead the registered owner and driver of the mini lorry which was driven by him, involved in the accident. If necessary the claimant should be permitted to amend the petition seeking compensation against those parties also. The Tribunal should also permit the claimants MACA.590/03 3 to adduce fresh evidence if necessary, and dispose of the matter afresh. Considering the fact that the claim is of the year 1998 an early disposal of the case is highly solicited, at any rate, the case may be disposed of within a period of four months from the date of receipt of a copy of this judgment. C.N.RAMACHANDRAN NAIR, JUDGE. C.K.ABDUL REHIM, JUDGE. okb