IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN WEDNESDAY, THE 2ND JULY 2008 / 11TH ASHADHA 1930 MFA.No. 568 of 1997() --------------------- OPMV.382/1994 of MOTOR ACCIDENT CLAIMS TRIBUNAL, KASARAGOD .................... APPELLANT: 2ND RESPONDENT: ------------------------------------------------- THE PRESIDENT, ULLAL JUMA MASJID AND SAYYED MOHAMMED SHERIYIL, MADANI DARGA COMMITTEE, P.B.NO.1201, ULLAL, P.O. ULLAL. BY ADV. SRI.M.SASINDRAN RESPONDENTS: PETITIONERS & RESPONDENTS: -------------------------------------------------------------------------- 1. ANVAR @ P.K.ABBAS, AGED ABOUT 55 YEARS, S/O. AHAMMED, SCHOOL COMPOUND, KODI, ULLAL, MANGALORE. 2. ASHRAF, S/O.ANVAR @ P.K.ABBAS, KODI HOUSE, ULLAL, AGED ABOUT 10 YEARS, MANGALORE ( DATE OF BIRTH : 1/6/1984) MINOR REPRESENTED BY HIS FATHER, THE 1ST PETITIONER AS NEXT FRIEND AND GUARDIAN. *3. VAMAN SAJAN PAVAL, 23 YEARS, S/O.SAJAN PAVAR, VIBAL CAMP, KINDORI TALUK, NASIK DISTRICT, MAHARASHTRA STATE ( D E L E T E D). *RESPONDENT NO.3 IS DELETED FROM THE PARTY ARRAY AT THE RISK OF THE PETITIONER AS PER ORDER DTD. 10/12/2007 IN I.A.NO.2865/2007. Kss ..2/- ...2..... MF.A.NO.568/1997 4. THE NEW INDIA ASSURANCE COMPANY LIMITED., BRANCH 2ND, RAM BHAVAN COMPLEX, KODIAL BAIL, MANGALORE. 5. K.R. NARASIMHAN, S/O.K.K.RAJAGOPALAN, MANAGER, M/S. SUNDARAM PRIVATE LIMITED., K.S.N.MENON ROAD, COCHIN – 16. *ADDL.R6 & R7 ARE IMPLEADED: R6. M/S. MAHINDRA & MAHINDRA, REGISTERED OFFICE GATEWAY BUILDING, APPOLO BUNDER, MUMBAI – 400 039. R7. M/S. UNITED INDIA INSURANCE COMPANY LTD., DIVISIONAL OFFICE NO.7, D.N.ROAD, MUMBAI. (* IMPLEADED AS ADDITIONAL RESPONDENTS R6 AND R7 AS PER ORDER DTD. 5/10/06 IN CMP.NO.2490/97 AND C.M.P.NO.5236/98 IN M.F.A.568/97 AND M.F.A.1285/98 RESPECTIVELY) ADV. SRI.LALJI P.THOMAS SRI.LAL GEORGE FOR R4 SRI.V.V.SURENDRAN FOR R5 SRI.A.J.RAFEEK FOR R5 SRI.RAJESH THOMAS – ADDL. R7 THIS MISC. FIRST APPEAL HAVING BEEN FINALLY HEARD ON 02/07/2008 ALONG WITH MFA NO. 1285 OF 1998, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss ORDER ON C.M.P.NO.2491/1997 IN M.F.A.NO.568/1997 DISMISSED 2/07/2008 SD/- M.N.KRISHNAN, JUDGE /TRUE COPY/ P.S.TO JUDGE Kss M.N.KRISHNAN, J ===================== MFA Nos.568/1997 & 1285 of 1998 ===================== Dated this the 2nd day of July 2008 JUDGMENT M.F.A.No.1285 of 1998 is filed by the 4th respondent Sri.K.R.Narasimhan against the award passed by the Tribunal in O.P.(MV) No.382 of 1994. The other appeal is preferred by the 2nd respondent in the said O.P against the very same award. The brief facts would reveal that a brand new chasis was being transported to the dealer and before it could reach the destination an accident took place. The appellant in M.F.A.No.568 of 1997 would contend that he has nothing to do with the vehicle and the other appellant would contend that he was only a transporting contractor for M/s.Maheendra and Maheendra and he did not have any ownership over the vehicle. As transporting contractor the appellant is delivering vehicles sent by Maheendra and Maheendra to their depot at Kochi. This Court on the said contention had issued notice to M/s.Maheendra and Maheendra and also has impleaded United India Insurance Company. Unfortunately there is no appearance for Maheendra and Maheendra before this Court and the United India Insurance Company MFAs 568/97 & 1285/98 -:2:- would contend that it has not issued any policy. Now the question for determination to affix the liability will be on the question that who is the owner of the vehicle. The specific contention is that Maheendra and Maheendra are the owners of the vehicle. They were not impleaded in the trial stage and only a notice had been sent to them from this Court and unfortunately they had not entered appearance through counsel before this Court. So, there cannot be a final adjudication regarding the ownership of the vehicle without properly hearing them and without giving them sufficient opportunity. Therefore the only possible method is to set aside the award and remand the case back to the Tribunal for fresh consideration. Since Maheendra and Maheendra and United India Insurance Company have already been impleaded before this Court, the claimants may file an application before the Tribunal as well to implead them and in case of failure by the claimants to file such application the appellants in these cases are permitted to file applications to implead Maheendra and Maheendra and United India Insurance Company as parties to the proceedings and thereafter on impleadment if they file their written statement permit all the parties to adduce evidence in support of their respective contentions and produce documentary as well as oral evidence. The Tribunal shall decide who is the owner of the vehicle, whether there is any insurance coverage and fix the MFAs 568/97 & 1285/98 -:3:- liability. Ultimately if it is found that the appellant in MFA 1285/1998 is not the owner of the vehicle, provisions may be made in the award itself for reimbursement of the amount that is paid by him to the claimants. The amount deposited by the appellant in MFA 568/1997 shall remain in court deposit and on final disposal it may be disbursed in accordance with law. MFAs are disposed of as above. Parties are directed to appear before the Tribunal on 5.8.2008. M.N.KRISHNAN, JUDGE Cdp/-