IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN WEDNESDAY, THE 11TH NOVEMBER 2009 / 20TH KARTHIKA 1931 MACA.No. 1998 of 2007() ----------------------- OPMV.1772/2000 of MOTOR ACCIDENT CLAIMS TRIBUNAL, IRINJALAKUDA .................... APPELLANT(S): APPELLANT/PETITIONER ---------------------------------- JAYAKUMAR, S/O.DHARMAJAN, THYKOOTATHIL HOUSE, ETTUMUNA P.O., KARUVANNUR, THRISSUR DISTRICT. PIN CODE. 680 711. BY ADV. SRI.P.V.CHANDRA MOHAN RESPONDENT(S): RESPONDENTS -------------------------- 1. C.M.RAMADAS, CHIRAYATHMADOM P.O., VELLANGALLUR, THRISSUR DISTRICT. 2. SURESH, S/O.KUNCHU, MADRAS CITY NORTH. 3. NATIONAL INSURANCE CO.LTD., P.B NO.70, MALIACKAL BUILDING, MAIN ROAD, IRINJALAKUDA, THRISSUR. ADV. SRI.P.GOPALAKRISHNA MENON FOR R.1 SRI.M.JITHESH MENON FOR R.1 SRI.P.GOPALAKRISHNA MENON FOR R2 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 11/11/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: jma M.N. KRISHNAN, J. = = = = = = = = = = = = = = M.A.C.A. NO. 1998 OF 2007 = = = = = = = = = = = = = = = Dated this the 11th day of November, 2009. J U D G M E N T This appeal is preferred against the award of the Motor Accidents Claims Tribunal, Irinjalakuda in O.P.(MV)1772/00. The claimant sustained injuries in a road accident and he impleaded the driver, owner and insurer of the private bus for receiving the compensation. This case along with so many other cases were tried together and in all those cases private bus owner driver and insurer and the K.S.R.T.C. Bus and its driver were made parties. The Tribunal on an exhaustive consideration held that the accident took place on account of the negligence of the K.S.R.T.C driver. But dismissed this petition on the ground that the K.S.R.T.C is not impleaded as a party. Technically I cannot find fault with the Tribunal. But when a Tribunal entertains about a dozen of petitions in which both are parties and in one of the cases K.S.R.T.C is not made a party in fairness the Tribunal should M.A.C.A. 1998 OF 2007 -:2:- have directed the appellant to implead the K.S.R.T.C also so that a judgment could have been passed without much difficulty to the claimant. But unfortunately the matter was not proceeded in that angle which resulted in the dismissal of the petition. I am informed that in the other cases there are no appeals preferred and when it is so it has attained finality and it may be an attempt to shake a settled position which may lead to inconsistent findings which a Court of law normally should not resort to. Similarly a claim should not be thrown out on a technical ground and therefore in the fitness of things I feel it is only just for this Court to direct the claimant to implead the K.S.R.T.C and its driver and the Tribunal to hear them and dispose of the matter in accordance with law. In the result the award passed is set aside and the matter is remitted back to the Tribunal and the claimant is directed to take steps to implead K.S.R.T.C and its driver which has to be allowed by the Tribunal and thereafter on M.A.C.A. 1998 OF 2007 -:3:- hearing the K.S.R.T.C as well let the quantum be fixed and an award be passed in accordance with law. The claimant is directed to appear before the Tribunal on 15.12.2009. M.N. KRISHNAN, JUDGE. ul/-