IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE J.B.KOSHY & THE HONOURABLE MR. JUSTICE A.K.BASHEER MONDAY, THE 17TH MARCH 2008 / 27TH PHALGUNA 1929 MFA.No. 497 of 2001(B) OPMV.1380/1994 of MOTOR ACCIDENT CLAIMS TRIBUNAL, ERNAKULAM .................... APPELLANT: MRS.RANI BABY W/O MR.P.K.BABY, AGED 41 YEARS, THEKKADATH HOUSE, KANAYANNUR VILLAGE KANAYANNUR TALUK BY ADV. SRI.V.P.YOHANNAN SRI.A.C.CHACKO RESPONDENTS: 1. P.P.MATHAI S/O K.M.PATHROSE PUTHENPURACKAL HOUSE PIRAVOM-P.O. 2. SOMAN.V.K. VALLAKKATTIL HOUSE KARIKODEKARA (VIA) MAULANTHURUTHY 3. NATIONAL INSURANCE COMPANY LIMITED CHITTOOR ROAD, ERNAKULAM BY ADV. SRI.JOSHI VARGHESE SRI.T.C.SURESH MENON SRI.JIBU P THOMAS SRI.M.A.GEORGE THIS MISC. FIRST APPEAL HAVING BEEN FINALLY HEARD ON 17/03/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: MFA.No. 497 of 2001(B) C.M.P.NO.4274 OF 2001 in M.F.A.NO.497 OF 2001 Delay condoned SD/- J.B.KOSHY, JUDGE SD/- A.K.BASHEER, JUDGE 17.3.2008 J.B.KOSHY & A.K.BASHEER, JJ. - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - M.F.A.No.497 OF 2001 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 17th day of March 2008 JUDGMENT Koshy, J. The appellant filed an application for compensation of Rs.2,00,000/- on account of the damage caused to the Mini Lorry bearing registration No.KCF 9792 due to a hit by the stage carriage bearing registration No.KBE 7709 owned by the 1st respondent and driven by the 2nd respondent. It is also in evidence that the stage carriage was insured with the 3rd respondent, National Insurance Company Limited. Three witnesses, who were the passengers in the bus, were examined on the side of the petitioner. Their depositions show that the bus was driven in a rash and negligent manner. The case of the petitioner is that this aspect was not properly considered by the Tribunal. Further, it is also pointed out that there were total 16 claim petitions and in many of the cases the injured passengers of the bus and the driver of the mini lorry were compensated by M.F.A.No.497 OF 2001 :: 2 :: awards passed by the Tribunal. He also pointed out a judgment of this court in M.F.A.472/01 and C.O.105/04 filed by the National Insurance Company questioning the order of compensation and both the appeal and the cross objection were dismissed. An Advocate Commission was appointed to assess the damage caused to the Lorry. But the report of the Commission was not considered properly. In the above circumstances, we set aside the award passed by the Tribunal and remand the matter to the Tribunal for fresh award on all aspects. We are not expressing any opinion regarding the merit of the matter. Both sides are allowed to adduce further evidence. The appeal is allowed and the matter is remanded to the Tribunal. Parties may appear before the Tribunal on 13th May, 2008. J.B.KOSHY, JUDGE A.K.BASHEER, JUDGE jes M.F.A.No.497 OF 2001 :: 3 :: J.B.KOSHY & A.K.BASHEER, JJ. - - - - - - - - - - - - - - - - - - - - - - - - - M.F.A.No.497 OF 2001 - - - - - - - - - - - - - - - - - - - - - - - - - JUDGMENT Dated 17th March 2008