IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE A.K.BASHEER & THE HONOURABLE MR. JUSTICE P.Q.BARKATH ALI THURSDAY, THE 8TH JULY 2010 / 17TH ASHADHA 1932 MACA.No. 2384 of 2008 ------------------------------------- OPMV.993/1996 of MOTOR ACCIDENT CLAIMS TRIBUNAL, THRISSUR .................... APPELLANT IN MACA/3RD RESPONDENT IN OP(MV) : --------------------------------------------------------------------------- CHACKO STEPHEN, AGED 52, S/O. STEPHEN, OZHUKAYIL HOUSE, P.O. KIDANGOOR, KOTTAYAM. BY ADV. SRI.A.P.SUBHASH RESPONDENTS IN MACA/RESPONDENTS 1, 2, 4 & 5 AND PETITIONER IN O.P.(MV): ----------------------------------------------------------------------------------------------------------------------- 1. KURIAN, S/O. FRANICS, CHAKKARAMAKKIL HOUSE, ARANATTUKARA, THRISSUR. 2. CHERIYAN IYPE, S/O.K.T. IYPE, THADATHIL HOUSE, Y.M.C.A ROAD, KOTTAYAM. 3. NIRMAL RAJ, S/O. BALAKRISHNAN, PANDARATHIL HOUSE, MANALUR VILLAGE, KANJANI DESOM. 4. LISSY JOY, W/O. LATE JOY, KEEPPARAYIL PANDARASSERIYIL HOUSE, KIDANGOOR, KOTTAYAM. 5. ASHISH JOY, S/O. LATE JOY, KEEPPARAYIL PANDARASSERIYIL HOUSE, KIDANGOOR, KOTTAYAM. ADV. SRI.SURIN GEORGE IPE FOR R2 SRI.DINESH MATHEW J.MURICKEN FOR R1 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 08/07/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: A.K.BASHEER & P.Q.BARKATH ALI, JJ. - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - M.A.C.A.No.2384 OF 2008 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 8th day of July 2010 JUDGMENT Basheer, J. This appeal is at the instance of the transferee of a vehicle which was involved in an accident. Appellant along with the registered owner (respondent No.2 herein) were proceeded against by the victim of the accident (respondent No.1) seeking compensation under Section 166 of the Motor Vehicles Act. The Tribunal found that the claimant was entitled to get a sum of Rs.1,39,000/- with interest. Appellant and the driver of the vehicle (respondent No.3 herein) were directed to pay the compensation to the claimant. The said award passed by the Tribunal is impugned in this appeal. 2. It is contended by learned counsel for the appellant that the impugned award has been passed by the Tribunal without a proper adjudication of the issue. It is pointed out by the learned counsel that appellant had produced a copy of the agreement executed between him and one Joy under which the vehicle in question was sold to the latter. In fact possession of the vehicle was also handed over pursuant to the said agreement. This crucial aspect was not at all considered by the Tribunal, since appellant failed to take steps to call for the original of the award and other related documents. M.A.C.A.No.2384 OF 2008 :: 2 :: 3. However, it is contended by learned counsel for the registered owner of the vehicle (respondent No.2) that the appellant had failed to respond to the notice issued by the registering authority and take steps to get the registration of the vehicle transferred in his name. The answer from the appellant in response to the above contention is that by that time the vehicle had been sold to Mr.Joy. 4. Anyhow, we do not propose to go into that area of controversy at this stage in view of the order that we propose to pass in this appeal. Learned counsel for the claimant submits that the award was passed way back in the year 2000. Till date the claimant has received only a sum of Rs.30,000/-. The anxiety of the claimant is only that any further delay will cause undue hardship and loss to him. 5. However, having regard to the entire facts and circumstances of the case, we are satisfied that the appellant can be given one more opportunity to substantiate his contentions by taking appropriate steps to prove his case, but it can only be on appropriate terms. In our view, ends of justice will be met if the appellant is directed to pay a sum of Rs.10,000/- as cost to the claimant. If the appellant deposits the above sum of Rs.10,000/- before the Tribunal within one month from today, the impugned award passed by the Tribunal shall stand set aside. The Tribunal shall pass a fresh award after affording sufficient opportunity to M.A.C.A.No.2384 OF 2008 :: 3 :: the appellant and other respondents. The Tribunal shall confine the consideration only to the question of liability. In other words, the quantum fixed by the Tribunal in the impugned award shall not be disturbed. On deposit of the sum of Rs.10,000/- by the appellant it shall be released to the claimant. The parties shall appear before the Tribunal on August 6, 2010. A.K.BASHEER, JUDGE P.Q.BARKATH ALI, JUDGE jes