IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR MONDAY, THE 24TH AUGUST 2009 / 2ND BHADRA 1931 MACA.No. 569 of 2009() ---------------------- OP(MV).406/2001 of MOTOR ACCIDENT CLAIMS TRIBUNAL, KOZHIKODE .................... APPELLANT/PETITIONER:- ------------------------------- P.K.ALEEMA, AGED 47 YEARS, W/O.AYAMMAD P.O., KANNAPPANKUNDU POST, PUDUPPADI, KOZHIKODE. BY ADV. MR. JACOB ABRAHAM MS. KOCHUMOL KODUVATH RESPONDENTS/RESPONDENTS:- ------------------------------------- 1. SUDHEER AHAMED, S/O.ABDURAHIMAN, VALLANCHIRA HOUSE, KOTTAKKAL ROAD, MANJERI, MALAPPURAM. 2. THE ORIENTAL INSURANCE CO.LTD., BRANCH OFFICE, JASEELA COMPLEX, MANJERI, MALAPPURAM. ADV. MR. V.P.K. PANICKER FOR R2 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING COME UP FOR ADMISSION ON 24/08/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V. RAMKUMAR , J. -------------------------------------------------- M.A.C.A. No. 569 of 2009 ---------------------------------------------------- Dated this the 24th day of August, 2009. JUDGMENT Heard both sides. 2. The appellant who was the owner of a jeep bearing registration No. KL-10-B-1234, challenges the award dated 15.05.2008 passed by the Motor Accident Claims Tribunal, Kozhikode dismissing the appellant's application for compensation for the damage sustained to the aforesaid jeep. 3. The occurrence took place on 22.10.2000 when there was a collision between the jeep belonging to the appellant and a stage carriage bus bearing registration No. KL-10-B-3663. Apart from the claim made by the appellant as O.P. (M.V.) No. 406 of 2001, there were two other claims by the legal heirs of two of the deceased persons who were passengers in the jeep belonging to the appellant. Those petitions were O.P. (M.V) Nos. 40 and 41 of 2001. As per the separate awards passed by the Tribunal below, it was held that the driver of the stage carriage bus was negligent and accordingly compensation was awarded to the claimants in M.A.C.A. No. 569/2009 : 2 : those O.P. (M.V)s on the premise that the driver of the stage carriage bus alone was negligent. But, when the Tribunal disposed of the present application filed by the appellant, a different stand appears to have been taken (possibly due to paucity of evidence) that the accident took place on account of the sole negligence of the appellant herein resulting in the dismissal of the original petition O.P. (M.V) as per the impugned order. Hence this appeal. 4. In fact, in M.A.C.A Nos. 764 and 2340 of 2007, a Division Bench of this Court has upheld the finding of the Tribunal below to the effect that accident took place on account of the negligence of the driver of the stage carriage bus and has allowed the appeals filed by the respective claimants enhancing the compensation payable to them. In the light of the fate of O.P. (M.V)s 40 and 41 of 2001, the award passed by the Tribunal below cannot be sustained. It was due to the failure on the part of the appellant to adduce proper evidence that such a finding came to be recorded by the Tribunal below. But having regard to the fate of O.P (M.V) Nos. 40 and 41 of 2001, the matter will M.A.C.A. No. 569/2009 : 3 : have to be reconsidered by the Tribunal in case the appellant adduces proper evidence to substantiate her claim. Accordingly, the impugned award is set aside and the matter is remanded to the Tribunal below for disposal afresh of O.P. (M.V.) No. 406 of 2006 . It shall be open to both sides to adduce further evidence, if so advised, to substantiate their respective contentions. The parties shall appear before the Tribunal below without any further notice on 22.09.2009. Since the owner and driver of the vehicle in question (stage carriage bus) have not entered appearance before this Court, the Tribunal below shall issue notice to them before the disposal of the O.P afresh. This appeal is disposed of as above. Dated this the 24th day of August, 2009. V. RAMKUMAR, JUDGE. rv M.A.C.A. No. 569/2009 : 4 :