IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN THURSDAY, THE 12TH JUNE 2008 / 22ND JYAISHTA 1930 MACA.No. 591 of 2004() ---------------------- OPMV.940/1998 of MOTOR ACCIDENT CLAIMS TRIBUNAL, TRIVANDRUM .................... APPELLANT/5TH RESPONDENT: ----------------------------------------------------- THE NEW INDIA ASSURANCE COMPANY LTD., REP. BY ITS DEPUTY MANAGER, REGIONAL OFFICE, M.G.ROAD, KOCHI-11. BY ADV. SRI.P.R.RAMACHANDRA MENON RESPONDENTS: ADDL.CLAIMANTS 2 TO 5 & RESPONDENTS 1 TO 4: ----------------------------------------------------------------------------------------------------- 1. A.K.THAMPY, S/O. MOHAMMED HANEEFA, T.C.46/75, PUTHUVAL VEEDU, MANIKKAVILAKAM, POONTHURA P.O., THIRUVANANTHAPURAM-26. 2. ARIFA BEEVI, W/O. A.K.THAMPY @ NOORUDDIN, -DO-. 3. REMLA BEEVI, D/O. A.K.THAMPY @ NOORUDDIN, -DO-. 4. MOHAMMED RAPHY, S/O. A.K.THAMPY @ NOORUDDIN, -DO-. 5. AJAYAKUMAR V., S/O. VIDYADHARAN, HOTEL GANGA (REG.OWNER OF PICK UP VAN, ULOOR, THIRUVANANTHAPURAM-11, NO.KL-IF/4139). 6. MYTHEEN KANNU, S/O. PAREED BABU, `BISMI', VAYALARIKOM, KESAVADASAPURAM, PATTOM P.O., THIRUVANANTHAPURAM-4 (PRESENT OWNER-CUM-CUSTODIAN OF PICK UP VAN NO.KL-IF/4139). .2/- ...2..... MACA NO.591/2004 7. M.MAHEEN, S/O. PEERU MUHAMMED, MANAKATTIL VEEDU, KAZHAKKOOTTAM P.O., THIRUVANANTHAPURAM. * 8. M.NAUSHAD, S/O. MUHAMMED BASHEER, PUTHUVAL PUTHENVEEDU, MANIKKAVILAKAM, POONTHURA P.O., THIRUVANANTHAPURAM-26. *RESPONDENT NO.8 IS STRUCK OFF FROM THE PARTY ARRAY AS PER ORDER DTD. 30/08/06 IN I.A.NO.1170/2006. BY ADV. SRI.NAGARAJ NARAYANAN - R1 TO 4,7 SRI.SAIJO HASSAN - R1 TO R4,7 SRI.A.S.SABU R1 TO R4,7 SRI.A.G.GIRISH KUMAR - R1 TO R4 SRI.G.SASIDHARAN CHEMPAZHANTHIYIL - R5 SRI.S.VISHNU - R5 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 12/06/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ORDER ON I.A.NO.1533/2004 IN M.A.C.A.NO.591/2004 DISMISSED 12/06/2008 SD/- M.N.KRISHNAN, JUDGE /TRUE COPY/ P.A.TO JUDGE M.N.KRISHNAN, J. -------------------------- M.A.C.A. No. 591 OF 2004 --------------------- Dated this the 12th day of June, 2008 JUDGMENT This appeal is preferred against the award passed by the Motor Accident Claims Tribunal, Thiruvananthapuram, in OP(MV) 940/98. One Noushad sustained injuries in a road accident and during the pendency of the claim petition he died and his legal representatives are impleaded as P2 to P5. R5 as seen from the award is the insurer of the scooter. The Tribunal definitely entered into a finding that the accident took place on account of the negligence of the pickup van and had directed the Insurance Company of the scooter to pay the compensation. It is absolutely incorrect, which requires interference. 2. Learned counsel for the owner of the pickup van would submit that there was a valid policy coverage and he had remained ex parte before the court below. It is for him to raise such a contention before the Tribunal. Therefore, it is desirable that an opportunity is given to implead the insurer of the pickup van. 3. Therefore, the entire award under challenge is set aside and the matter is remitted back to the Tribunal for fresh consideration. If the owner of the pickup van wants to raise any contention, he may be MACA No.591/04 2 permitted to file a written statement. In case of necessity and if the law permits, implead the Insurance Company of the pickup van. The Tribunal shall give opportunity to all concerned to produce the oral and documentary evidence in support of their respective contentions and the Tribunal shall dispose of the matter in accordance with law. Being an old matter, the Tribunal shall try to dispose of the same as expeditiously as possible. Parties are directed to appear before the Tribunal on 24.7.08. M.N.KRISHNAN, JUDGE vps MACA No.591/04 3