IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN WEDNESDAY, THE 16TH JUNE 2010 / 26TH JYAISTHA 1932 MACA.No. 658 of 2009() ------------------------------- OPMV.1/2005 of MOTOR ACCIDENT CLAIMS TRIBUNAL, PERUMBAVOOR .................... APPELLANT(S): (PETITIONER IN OP(MV) 1/05) ---------------------- URUMISE V.T. S/O. THOMA, AGED 58, VARAPUZHAKKARAN (H), Y.M.A.KAVALA, NEELESWARAM P.O., KALADY VILLAGE, ALUVA TALUK. BY ADV. SRI.V.K.GOPALAKRISHNA PILLAI RESPONDENT(S): (RESPONDENTS IN OP(MV) 1/05) -------------------------- 1. P.D.DEVASSY S/O. DEVASSYKUTTY, PULLAN HOUSE, CHELAMATTOM, OKKAL P.O., PERUMBAVOOR (VIA), ERNAKULAM DISTRICT, PIN-683 550. 2. RAJEEV M.V. S/O. VASU, MOONJELY (H), NEELESWARAM P.O., MALAYATTOOR VILLAGE, KALADY VIA, ERNAKULAM DISTRICT. 3. THE NEW INDIA ASSURANCE CO. LTD., ST.JOSEPH BUILDING, A.M.ROAD, PERUMBAVOOR-683 542. R3 BY ADV. SMT.M.HEMALATHA THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 16/06/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: tss M.N.KRISHNAN, J ===================== MACA No.658 OF 2009 ===================== Dated this the 16th day of June 2010 JUDGMENT This appeal is preferred against the award of the Motor Accidents Claims Tribunal, Perumbavoor in O.P.(MV) No.1/2005. The claimant sustained injuries in a road accident and his case has been dismissed by the Tribunal. It is against that decision, the claimant has come up in appeal. When the claimant gave the first information statement, he had given the name of one Moonjeli Vasu as the driver of the auto rickshaw. But when a charge sheet is filed one Rajeev, S/o.Moonjeli Vasu is shown as the driver of the auto rickshaw. So the charge sheet is not in conformity with the FI statement but it can always be stated that investigation can result in change of persons. But whatever it may be, there is a duty cast upon the persons to explain to the court under circumstances which MACA 658/2009 -:2:- things had changed. The claimant did not enter the box. I do not want to elaborate, but I feel that when the learned counsel for the appellant requests for a chance to rectify the mistakes committed, I am inclined to grant an opportunity. Therefore the award under challenge is set aside and the matter is remitted back to the Tribunal with a direction to permit the claimant to implead the person who is shown in the FI statement as well and then permit all parties concerned to produce both documentary as well as oral evidence in support of their respective contentions and then dispose of the matter in accordance with law. The claimant is also directed to take out notice to the respondents other than the insurance company for a proper disposal of the matter. Parties are directed to appear before the Tribunal on 26.7.2010. MACA is disposed of accordingly. M.N.KRISHNAN, JUDGE Cdp/- MACA 658/2009 -:3:-