IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN THURSDAY, THE 29TH MAY 2008 / 8TH JYAISHTA 1930 MACA.No. 54 of 2003() --------------------- OPMV.1040/1992 of MOTOR ACCIDENT CLAIMS TRIBUNAL, TRIVANDRUM .................... APPELLANT/ADDL.3RD RESPONDENT: ------------------------------ YASIM SAIT, RESIDING AT K.P.10/657, KARTHIKA, KUMARAPURAM, THIRUVANANTHAPURAM. BY ADV. SRI.K.B.PRADEEP RESPONDENTS: APPELLANT & RESPONDENTS 1 & 2: ------------------------------------------- 1. IRSHAD, BISMILLA COTTAGE, NEAR VAVARAMBALAM, POTHENCODE (MINOR) REPRESENTED BY THE MOTHER LAILA BEEVI. 2. ABDUL KALAM, S/O. KOYAKUNJU, RAMARAJA BHAVAN, KAVANADU P.O., QUILON. 3. THE BRANCH MANAGER, NEW INDIA ASSURANCE CO.LTD., QUILON. BY ADV. SRI.PIRAPPANCODE V.S.SUDHIR-R1 SRI.M.RAJAGOPALANFOR -R3 SRI.RAJIT -R3 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING COME UP FOR ADMISSION ON 29/05/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ORDER ON I.A No.162/2003 IN M.A.C.A NO.54/2003 DISMISSED 29/5/2008 SD/- M.N. KRISHNAN, JUDGE /TRUE COPY/ P.A. TO JUDGE SCM M.N.KRISHNAN, J. -------------------------- M.A.C.A. No. 54 OF 2003 --------------------- Dated this the 29th day of May, 2008 JUDGMENT This appeal is filed against the award passed by the Motor Accident Claims Tribunal, Thiruvananthapuram, in OP(MV) 1040/92. The question that arises for determination in the appeal is whether an opportunity is given to the owner of the vehicle. 2. The grievance of the owner is that after impleading him though he was set ex parte, he moved an application for setting aside the ex parte order along with a written statement. Meanwhile due to the non prosecution, the claim petition was dismissed. Later it was restored. According to the learned counsel, the Tribunal lost sight of the pendency of the petition to set aside the ex parte order and proceeded to dispose of the matter. If it is so, there is some force in the contention of the learned counsel. According to him there are no materials to allow the claim and there is also a policy for the vehicle. Therefore it is submitted that an opportunity has to be given. Since the Tribunal has committed an error in not disposing of the application, which it should have disposed of, this court is inclined to grant an opportunity to the appellant. MACA No. 54/03 2 Therefore the award under challenge is set aside and the matter is remitted back to the Tribunal for fresh consideration by permitting the present appellant to file the written statement. The court can raise proper issues. The parties be permitted to produce documentary as well as oral evidence in support of their respective contentions and the court below is directed to dispose of the matter in accordance with law. Being a 1992 matter, the court shall give priority and dispose of the same within a period of three months from the date of first appearance of the parties. Parties are directed to appear before the court below on 14.7.08. M.N.KRISHNAN, JUDGE vps