IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.R.RAMAN & THE HONOURABLE MR. JUSTICE P.R.RAMACHANDRA MENON MONDAY, THE 14TH DECEMBER 2009 / 23RD AGRAHAYANA 1931 MACA.No. 2057 of 2007() ----------------------- OP(MV).2431/1999 of MOTOR ACCIDENT CLAIMS TRIBUNAL, ERNAKULAM .................... APPELLANT(S): APPELLANTS/PETITIONERS 2 TO 4 ----------------- 1. LATHIKA, AGED 25 YEARS, DAUGHTER OF LATE PEETHAMBARAN, 2. LESITHA, AGED 23 YEARS, DAUGHTER OF LATE PEETHAMBARAN, 3. LATHEESH KUMAR, AGED 21 YEARS, SON OF LATE PEETHAMBARAN, ALL APPELLANTS ARE RESIDING AT KULAMAKKIL HOUSE, KALOOR, COCHIN-682017. BY ADV. SRI.ANIL S.RAJ SMT.K.N.RAJANI SMT.MANJUSHA MOHANDAS SMT.ANILA PETER RESPONDENT(S): RESPONDENTS ------------------- 1. T.V.JOSE, S/O VARGHESE, THOTTANIYIL HOUSE, KIZHMURI P.O., RAMAMANGALAM. 2. THE ORIENTAL INSURANCE COMPANY LIMITED, REGIONAL OFFICE, COCHIN 682035. 3. THE MANAGING DIRECTOR, K.S.R.T.C., TRIVANDRUM. 4. ANTONY, S/O DEVASSY, KOLENCHERRY HOUSE, VADASSERY KARA, KOTTAPPADY VILLAGE. BY ADV. DR.ELIZABETH VARKEY FOR R2 BY ADV. SRI.JOHNSON P.JOHN, SC, KSRTC FOR R3 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 14/12/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: P.R.RAMAN & P.R.RAMACHANDRA MENON, JJ. ------------------------------- M.A.C.A.No. 2057 of 2007 ------------------------------- Dated this the 14th December, 2009 J U D G M E N T Raman, J. This appeal arises out of O.P.(M.V.) No.2431 of 1999, on the file of Motor Accidents Claims Tribunal, Ernakulam. Appellants are the petitioners 2 to 4 in the claim petition. The first petitioner was the wife of the deceased and the mother of the appellants. The claim was filed for compensation towards the death of father of the appellants who is said to have died in a motor accident on 28.4.1999, when the auto rickshaw in which the deceased was driver collided with the KSRTC bus driven by the 4th respondent. As the bus belongs to KSRTC, the Managing Director is arrayed as third respondent herein. 2. The claim petition was, however, dismissed on the ground that earlier a claim petition was preferred as O.P. MACA.No.2057 of 2007 2 (M.V.) No.1408/1999 before the Motor Accidents Claims Tribunal, Muvattupuzha, filed by the petitioners herein along with the father and mother of the deceased. Eventually that claim petition was dismissed as withdrawn. As a matter of fact, wife, father and mother of the deceased had already preferred O.P. (M.V) No.1288/1999 before the same Tribunal, which was awarded in their favour. It was subsequently that O.P.(M.V.) No.1408/1999 was dismissed as withdrawn. In the circumstances, for the same cause of action, one set of claim was already allowed in O.P.(M.V.) No.1288/1999. Further, since the petitioners themselves have subsequently withdrawn O.P. (M.V.) No.1408/1999, they could not re-agitate the claim on merits in a separate claim petition, as now filed. Therefore, we find that the Tribunal was perfectly justified in dismissing the present claim petition, O.P.(M.V.) No.2431/1999. MACA.No.2057 of 2007 3 3. However, we notice that when O.P.(M.V.) No.1288 of 1999 was awarded and subsequently when O.P. (M.V.) No.1408/1999 was filed, by the petitioners herein, viz., wife and children, the respondent KSRTC ought to have brought to the notice of the Tribunal about the earlier award passed in O.P.(MV) No.1288 of 1999, so that the Tribunal could have re- called the award in O.P.(MV.) No.1288/1999, to see whether all the claimants have been made as parties therein or whether the wife and children are also necessary parties to share the compensation amount, and to prevent injustice being done. 4. However, considering the facts and circumstances, as stated above, we cannot undo the act in these proceedings. However, if the wife and children of the deceased have been excluded from the claim, O.P.(M.V.) No.1288 of 1999, necessarily, if an appropriate petition is filed by the appellants herein before the very same Tribunal, by way of MACA.No.2057 of 2007 4 review or otherwise, the Tribunal shall issue notice to the father and mother of the deceased, and appropriate orders shall be passed thereon, in accordance with law. The appeal is disposed of with the above observation. P.R.RAMAN, JUDGE P.R.RAMACHANDRA MENON, JUDGE. nj.