IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE J.B.KOSHY & THE HONOURABLE MRS. JUSTICE K.HEMA TUESDAY, THE 11TH MARCH 2008 / 21ST PHALGUNA 1929 MFA.No. 735 of 2002(E) -------------------------------- OPMV.3666/1996 of MOTOR ACCIDENT CLAIMS TRIBUNAL, ERNAKULAM .................... APPELLANTS/PETITIONERS/ADDL.APPELLANTS/PETITIONER: --------------------- 1. ANWARUDHEEN, C/O. UMMER, PULLIYIL HOUSE, EROOR P.O., TRIPUNITHURA (VIA), ERNAKULAM (DECEASED). 2. NABEESA BEEVI, AGED 56 YEARS, W/O. LATE ANWARUDHEEN, C/O. UMMER, PULLIYIL HOUSE, EROOR P.O., TRIPUNITHURA VIA., ERNAKULAM DISTRICT. 3. NAJUMUNNIR, AGED 38 YEARS, D/O. LATE ANWARUDHEEN, C/O. UMMER, PULLIYIL HOUSE, EROOR P.O., TRIPUNITHURA VIA., ERNAKULAM DISTRICT. 4. HEBEEDA BEEVI, AGED 37 YEARS, D/O. LATE ANWARUDHEEN, C/O. UMMER PULLILYIL HOUSE, EROOR P.O., TRIPUNITHURA VIA., ERNAKULAM DISTRICT. 5. SUMAYYA, AGED 36 YEARS, D/O. LATE ANWARUTHEEN, C/O. UMMER, PULLIYIL HOUSE, EROOR P.O., TRIPUNITHURA VIA., ERNAKULAM DISTRICT. 6. UMMUHABEEBA, AGED 35 YEARS, D/O. LATE ANWARUDHEEN, C/O. UMMER PULLIYIL HOUSE, EROOR P.O., TRIPUNITHURA VIA., ERNAKULAM DISTRICT. 7. JUNAIDA, AGED 34 YEARS, D/O. LATE ANWARUDHEEN, C/O. UMMER, PULLIYIL HOUSE, EROOR P.O., TRIPUNITHURA VIA., ERNAKULAM DISTRICT. M.FA. NO.735/2002 8. MUHAMMED, AGED 33 YEARS, S/O. LATE ANWARUDHEEN, C/O. UMMER, PULLIYIL HOUSE, EROOR P.O., TRIPUNITHURA VIA., ERNAKULAM DISTRICT. 9. MAHABOOB RAHIMAN, AGED 31 YEARS, S/O. LATE ANWARUDHEEN, C/O. UMMER, PULLIYIL HOUSE, EROOR P.O., TRIPUNITHURA VIA., ERNAKULAM DISTRICT. 10. HABEEB RAHIMAN, AGED 29 YEARS, S/O. LATE ANWARUDHEEN, C/O. UMMER, PULLILYIL HOUSE, EROOR P.O., TRIPUNITHURA VIA., ERNAKULAM DISTRICT. 11. ASHIQUE RAHIMAN, AGED 27 YEARS, S/O. LATE ANWARUDHEEN, C/O. UMMER, PULLIYIL HOUSE, EROOR P.O., TRIPUNITHURA VIA., ERNAKULAM DISTRICT. BY ADV. SRI.MANOJ B.MENON SRI.JIMMY GEORGE (VATTATHARA) SRI.K.P. RAMACHANDRAN SRI.T.O.XAVIER RESPONDENTS: RESPONDENTS ----------------------- 1. ISMAIL M.K.., MOTHANPALKH, S/O. KASIM, RAHMATHULLA HOUSE, AROOKUTTY P.O., ERNAKULAM DISTRICT. 2. BABY GEORGE, S/O. THOMAS PAUL, KUREETHARA HOUSE, VADUTHALA, COCHIN-23. 3. SRI.MOHAMMED B.K., S/O. KHADAR KUNJU, BHAKTHI HOUSE, VENNALA P.O., KOCHI-25. 4. UNITED INDIA ASSURANCE CO.LTD., LAYAM ROAD, TRIPUNITHURA, ERNAKULAM DISTRICT. BY ADV. SRI.A.C.DEVY - R1 & R3 SMT.P.A.REZIYA - R4 THIS MISC. FIRST APPEAL HAVING BEEN FINALLY HEARD ON 11/03/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: J.B.KOSHY & A.K.BASHEER, JJ. -------------------------------------- M.F.A.No.735 OF 2002 ------------------------------------- Dated 11th March, 2008 JUDGMENT Koshy,J . First appellant/claimant approached the Motor Accidents Claims Tribunal for compensation contending that he sustained serious injuries in a motor accident due to the negligent driving of the first respondent driver of a taxi in which he was travelling as the taxi hit on an electric post. According to him, second respondent was the owner of the vehicle and third respondent was the agent who arranges taxies and fourth respondent was the insurance company which insured the above taxi. Fourth respondent contended that according to the claimants there were two drivers and on that ground the claim is not clear and claim petition was dismissed. It is the contention of the appellants that the first respondent was the driver. The claimant filed I.A.No.5396 of 2001 with additional documents, but, those documents were not considered. It is further contended that another passenger who was travelling in the very same taxi was granted compensation in another case O.P.(M.V) No.665 of 1996. On going through the award of the Tribunal, we are of the opinion that Tribunal was trying to dismiss the case on one technical reason or other instead of considering the evidence adduced. Documents produced along with I.A.No.5396 of 2001 were not considered. MFA.735/2002 2 Appellants have also got a contention that untimely death of the original claimant is also due to the impact of the accident. In these circumstances, we are of the view that it is a case where the matter has to be remanded to the Tribunal and hence we remand the matter for fresh disposal. Both parties are allowed to adduce further evidence and the Tribunal is directed to pass award after considering the evidence adduced. Parties shall appear before the Tribunal on 28.5.2008. Tribunal also shall give notice to the counsel appearing for the respondents before the Tribunal. The appeal is allowed by way of remand. J.B.KOSHY JUDGE A.K.BASHEER JUDGE tks