IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN FRIDAY, THE 4TH JUNE 2010 / 14TH JYAISTHA 1932 MACA.No. 704 of 2010() ---------------------- OPMV.479/2004 of MOTOR ACCIDENT CLAIMS TRIBUNAL, NEYYATTINKARA .................... APPELLANT(S): 2ND RESPONDENT IN THE OP: ---------------------------------------------------------------------- THE ORIENTAL INSURANCE CO.LTD., THIRUVANANTHAPURAM REPRESENTED BY THE AUTHORIZED SIGNATORY, THE ORIENTAL INSURANCE CO. LTD., REGIONAL OFFICE, METRO PALACE,ERNAKULAM NORTH, KOCHI-18. BY ADV. SRI.A.R.GEORGE RESPONDENT(S): CLAIMANT & IST RESPONDENT IN THE OP: ------------------------------------------------------------------------------------------- 1. RAJESH & RAJESH CHANDRAN, RAJESH BHAVAN, KARIKKUZHY, NELLIVILA PO, VENGANOOR, NEYYATTINKARA. 2. VINAYAN.R, THANNIKKUZHI, BALARAMAPURAM PO., NEYYATTINKARA. THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 04/06/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss ORDER ON I.A.NO.1057/2010 IN MACA NO.704/2010 DISMISSED 4/06/2010 SD/- M.N.KRISHNAN, JUDGE /TRUE COPY/ P.A.TO JUDGE Kss M.N. KRISHNAN, J. ........................................... M.A.C.A.NO.704 OF 2010 ............................................. Dated this the 4th day of June, 2010. J U D G M E N T This is an appeal preferred against the award of the Claims Tribunal, Neyyattinkara in OP(MV)No.479/2004. The claimant, a young man, while riding a scooter sustained injuries when it met with an accident with another motor cycle KL-01-T-746. The Tribunal has granted a compensation of Rs.49,480/= and it is against that decision, the insurance company has come up in appeal. 2. Heard the learned counsel for the appellant. The respondents in spite of notice had not chosen to enter appearance. In an action under Section 166 of the Motor Vehicles Act, negligence is a matter to be proved. In order to prove the negligence, unless it is admitted, the driver has to be made a party. The learned counsel for the insurance company had made available before me a charge sheet for perusal wherein it is seen that the vehicle KL-01- T-746 was driven by one Chandran, aged 17 years. In the claim petition, he is not made a party and in coloumn 18 : 2 : M.A.C.A.NO.704 OF 2010 the name is shown as one Joseph Nadar. It was absolutely necessary on the part of the Tribunal to know who was the rider of the offending vehicle and whether he was competent to drive the vehicle and whether he was having any valid driving licence etc. Unfortunately without the junction of any driver the matter has been disposed of by the Tribunal. It is inaccurate and liable to be corrected. 3. Therefore, I set aside the award passed by the Tribunal and remit the case back to the Tribunal with a direction to the claimant to implead the driver of the motor bike and permit all concerned to produce documentary as well as oral evidence in support of their respective contentions and then dispose of the matter in accordance with law. The quantum also has to be reconsidered as well as the question whether there is any permanent disability. The insurance company is directed to appear before the court below on 20.7.2010 and if the claimant does not appear on that day, take out notice to the claimant so as to have a fair disposal of the matter. The amount in deposit will remain in deposit till a final decision is taken in the : 3 : M.A.C.A.NO.704 OF 2010 matter. Disposed of accordingly. M.N. KRISHNAN, JUDGE. cl : 4 : M.A.C.A.NO.704 OF 2010