IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN THURSDAY, THE 21ST AUGUST 2008 / 30TH SRAVANA 1930 MACA.No. 2058 of 2007(G) ------------------------------------- (O.P. (MV).NO.250/2005 OF THE MOTOR ACCIDENT CLAIMS TRIBUNAL, MUVATTUPUZHA). ........... APPELLANT/PETITIONER: ------------------------------------- GEORGE, S/O KURIAKOSE, KIZHAKKUMPARAMBIL HOUSE, AIROOR, KOTTAPADY VILLAGE, KOTHAMANGALAM TALUK. BY ADV. SRI.EGY.N.ELIAS. RESPONDENTS/ RESPONDENTS: ------------------------------------------------ 1. PAULOSE, S/O CHERIA, THEKKUMMATTATHIL HOUSE, PUTHUPPADY KARA, KOTHAMANGALAM TALUK. 2. P.K.YOHANNAN, S/O KURIAKOSE, PULINCHIYIL HOUSE, THRIKKALATHOOR KARA, MUVATTUPUZHA TALUK. 3. THE ORIENTAL INSURANCE COMPANY LTD., REPRESENTED BY BRANCH MANAGER, MUVATTUPUZHA BRANCH. ADV. SRI.A.R.GEORGE FOR R3. THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING COME UP FOR ADMISSION ON 21/08/2008,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: prv. M.N.KRISHNAN, J ===================== MACA No.2058 OF 2007 ===================== Dated this the 21st day of August 2008 JUDGMENT This appeal is preferred against the award of the Motor Accidents Claims Tribunal, Muvattupuzha in O.P.(MV)No.250 of 2005. It is the case of the claimant that while he was driving a motor cycle bearing Regn.No.KL7C/3523, another vehicle bearing Regn.No.KL7D/7537 driven by R1 and owned by R2 came in a rash and negligent manner and hit on his motor cycle resulting in sustained injuries to him as well as sustainment of damages to the motor bike. It is submitted by the learned counsel for the claimant that for the personal injuries, he had filed O.P. (MV)No.249 of 2005 which is pending and he has produced all the documents relating to the accident in the said case. Unfortunately, the Tribunal held that from the averment in column 28 of the petition, it appears that both the vehicles are owned by the same owner. Learned counsel would submit that there is no such pleading, but the same number is shown which has resulted in the confusion. I feel it is only a mistake which can be corrected and since the other matter is pending and negligence is the MACA 2058/2007 -:2:- issue therein also it is desirable that O.P.(MV)Nos.249 & 250 of 2005 are jointly tried and disposed of by a common award. Therefore the award under challenge is set aside and the matter is remitted back to the Tribunal for fresh consideration along with O.P.(MV) No.249/2005 with liberty to the appellant to file an amendment application and to produce both documentary and oral evidence in support of his contentions. The Tribunal shall adjourn O.P.(MV)No.249/2005 posted on 29.8.2008 to 6.10.2008 on which date the appellant shall appear before the Tribunal. MACA is disposed of as above. M.N.KRISHNAN, JUDGE Cdp/-