IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN MONDAY, THE 7TH JULY 2008 / 16TH ASHADHA 1930 MACA.No. 374 of 2003(C) ----------------------------------- OPMV.37/1995 of MOTOR ACCIDENT CLAIMS TRIBUNAL, TRIVANDRUM .................... APPELLANT/APPLICANT : ------------------------------------ B.S.DILEEP, JUNNAVILAKATHU PUTHEN VEEDU, MELETHUMALA MANIKANTESWARAM P.O., NOW RESIDING AT POURNAMI, SREERAM NAGAR, NETTAYAM, KACHANI P.O., THIRUVANANTHAPURAM. BY ADV. SMT.M.HEMALATHA RESPONDENT/RESPONDENT : ------------------------------------------ V.MURALEEDHARAN NAIR, S/O. SANKARANKUTTY (CORRECT NAME OF FATHER), NOW RESIDING AT SARASWATHI VILAS, IRUKUNNAM, MANIKANTESWARAM P.O., VATTIYOORKAVU, THIRUVANANTHAPURAM. BY ADV. SRI.V.R.GOPU THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 07/07/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: M.N.KRISHNAN, J. -------------------------- M.A.C.A. No. 374 OF 2003 --------------------- Dated this the 7th day of July, 2008 JUDGMENT This appeal is preferred against the award passed by the Motor Accident Claims Tribunal, Thiruvananthapuram, in OP(MV) 37/95. The claimant, a boy aged 15 years, sustained injuries in a road accident. His case is that while he was riding on a bicycle, a scooter bearing registration No.RRN 4125 driven by the respondent in this appeal came in a rash and negligent manner and hit on his bicycle resulting in sustainment of injuries to him. The Tribunal dismissed the claim petition holding that the proper driver is not impleaded as a party. 2. Learned counsel had brought to my notice the refer report filed by the police marked as Ext.A3 wherein the address of the rider is shown as “V. Muraleedharan Nair, S/o. Sankarankutty, Saraswathi Vilas, Irukunnam, Vattiyoorkavu, Thiruvananthapuram with the learners licence number”. Unfortunately, in the claim application his address is shown as V. Muraleedharan Nair, S/o. Velukutty, Kizhakkemeelathu vila veedu, Irukunnam, Thiruvananthapuram. Learned counsel had brought to my attention MACA No.374/03 2 that knowing about the mistake the claimant has filed an application IA 436/02 for correcting the address of the person. But the Tribunal did not consider it and at the time of disposal of the case merely closed that application. There cannot be any dispute as to which is the vehicle that had hit the claimant. The police has referred the case on account of the fact that it was not an accident where anybody can be held to be responsible. But the Tribunal observed that being a small boy negligence cannot be attributed on him. Tribunal non suited him wrongly on the ground of wrong impleadment of the proper rider. Learned counsel also would submit before me that it was this Muraleedharan Nair who had taken the vehicle from the police station on a third party kychit. So the Tribunal should have considered IA 436/02 and if it had been corrected after notice to him, the Tribunal should not have come to such a decision. Therefore the award under challenge is set aside and the matter is remitted back to the Tribunal. The Tribunal is directed to consider IA 436/02 afresh after issuing necessary notice to the respondent therein and pass an order in the application, proceed with the trial of the case including the correctness of address of the driver who had ridden the bike at the time of the accident and then dispose MACA No.374/03 3 of the matter in accordance with law. It is also seen that the owner is not impleaded as a party. The claimant is at liberty to implead him and it is for the owner to raise any contention regarding the application to implead him at that point of time which also can be decided by the Tribunal in accordance with law. The claimant is directed to appear before the Tribunal on 18.8.08. M.N.KRISHNAN, JUDGE vps MACA No.374/03 4