IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.T.RAVIKUMAR FRIDAY, THE 3RD SEPTEMBER 2010 / 12TH BHADRA 1932 WP(C).No. 29577 of 2008(U) -------------------------- OPMV.306/2005 of MOTOR ACCIDENT CLAIMS TRIBUNAL, THODUPUZHA .................... PETITIONER(S): --------------- NATIONAL INSURANCE COMPANY LTD., DIVISIONAL OFFICE, TRIPUNITHURA POST, ERNAKULAM BY ADV. SRI.RAJAN P.KALIYATH RESPONDENT(S): --------------- ROHIT, S/O.ROY MATHEW, R/AT. AKKATHEKKETHIL HOUSE, ROHIT ESTATE, CHAPPATHU KARA AYYAPPANCOVIL VILLAGE, UDUMBANCHOLA TALUK(MINOR- REP. BY FATHER AND NATURAL GUARDIAN ROY MATHEW AKKETHEKKETHIL HOUSE, DO.DO.) THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 03/09/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: C.T. RAVIKUMAR, J. -------------------------------------------- W.P.(C). NO.29577 OF 2008 -------------------------------------------- Dated this the 3rd day of September, 2010 JUDGMENT This Writ Petition has been filed by the third respondent in O.P. (MV) No.306/2005 on the file of the Motor Accident Claims Tribunal, Thodupuzha against Ext.P1 award dated 30.10.2007. In fact, a common award was passed in OP(MV).Nos. 305 and 306 of 2005. As the award amount is less than Rs.10,000/-, against the award in OP(MV) 306/2005, this Writ Petition has been filed and at the same time, since the award amount was in excess of Rs.10,000/- in OP(MV) 305/2005, an appeal has been preferred against the same as MACA No.995/2008, before this Court. When this matter was taken up today, the learned counsel for the petitioner submitted that MACA No.995/2008 preferred against the award in OP (MV) No.305/2005 was disposed of as per judgment dated 19.9.2008 and copy of the same was made available for perusal. After perusing the same, I am of the view that any judgment in this Writ Petition is bound to be an appendix to the said judgment. After considering M.A.C.A.No.995/2008 filed against the award in OP(MV) 305/2005 on merits, this Court found W.P.(C) NO.29577/2008 2 that the Tribunal did not attach much importance to the place of accident for the reason that the direction in which vehicle was proceeding was not discernible from the evidence on records. After scanning the evidence on records, the said finding of the Tribunal was found unsustainable and the said appeal was disposed for re-consideration at the hands of the Tribunal. As already noticed, OP(MV) 305/2005 that led to MACA.No.995/2008 and OP(MV) 306/2005 that led to the institution of this Writ Petition, originated from the same motor accident and they were jointly tried and a and a common award was passed. In the circumstances, I am of the view that in the light of the judgment in MACA.No.995/2008, Ext.P1 award in this Writ Petition is also liable to be set aside as regards the question of negligence and accordingly, the matter is remitted back to the Tribunal for fresh consideration after affording opportunity to both sides to adduce evidence in support of their respective contentions. But it is obvious from the judgment in MACA.No.995/2008 that after setting aside the award thereunder, the parties were directed to appear before the Tribunal on 5.11.2008 and a time limit of two months was granted for disposal of the matter. Therefore, it is not known whether the Tribunal had already proceeded with and disposed of the same by passing fresh award in OP W.P.(C) NO.29577/2008 3 (MV).No.305/2005. Whatever that be, since both the said claim petitions originated from the same accident and were jointly tried and joint award was passed on earlier occasion, necessarily, the Tribunal is bound to consider OP(MV) 306/2005 in the light of the fresh award, if any, passed on OP(MV) 305/2005 and dispose of the matter within three months from the date of 1st appearance of the parties pursuant to this judgment. For that purpose, it is directed that the parties shall appear before the Tribunal on 12.10.2010. This Writ Petition is disposed of as above Communicate a copy of this judgment to Motor Accidents Claims Tribunal, Thodupuzha. (C.T. RAVIKUMAR, JUDGE) spc W.P.(C) NO.29577/2008 4 C.T. RAVIKUMAR, J. JUDGMENT September, 2010 W.P.(C) NO.29577/2008 5