IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE J.B.KOSHY & THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH TUESDAY, THE 18TH NOVEMBER 2008 / 27TH KARTHIKA 1930 MACA.No. 418 of 2005() ---------------------- OPMV.330/1995 of MOTOR ACCIDENT CLAIMS TRIBUNAL, PERUMBAVOOR .................... APPELLANTS/LEGAL HEIRS OF CLAIMANT: ------------------------------------------------- 1. P.K. AYYAPPAN, S/O. KARICHILA, PANAMPILLY HOUSE, KOLAYIDOM, CHERUVATOOR P.O. (DIED). 2. SMT. DEVAKI, W/O. LATE AYYAPPAN, AGED 47, PANAMPILLY HOUSE, KOLAYIDOM, CHERUVATHOOR P.O., ERNAKULAM DISTRICT. 3. SINDHU, AGED 25 YEARS, D/O. LATE AYYAPPAN, PANAMPILLY HOUSE, KOLAYIDOM, CHERUVATHOOR P.O., KERNAKULAM DISTRICT. 4. SHIJU, AGED 24 YEARS, S/O. LATE AYYAPPAN, PANAMPILLY HOUSE, KOLAYIDOM, CHERUVATHOOR P.O., ERNAKULAM DIST., (LETAL REPRESENTATIVES OF 1ST PETITIONER BEING WIFE AND CHILDREN THE DIED PRIOR TO THE AWARD DATE) BY ADV. SRI.K.JANARDHANAN SRI.MANURAJ. K.J RESPONDENTS/ RESPONDENTS: ----------------------------------- 1. A.D. GEORGE, S/O. DEVASSY, APPADAN HOUSE, HOLY ANGEL'S ROAD, OLLUR, TRICHUR DISTRICT. 2. MOHANAN, S/O. GOVINDAN, MUNDANADAN VEETTIL, ELANTHIRI KARAYIL, MARATHAKARA VILLAGE, TRICHUR DISTRICT. 3. THE NEW INDIA ASSUSRANCE CO. LTD., TRICHUR BRANCH. THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING COME UP FOR ADMISSION ON 18/11/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: J.B.KOSHY & THOMAS P. JOSEPH, JJ. ================================ M.A.C.A.No.418 of 2005 - B =============================== Dated this the 18th day of November, 2008. J U D G M E N T The claimant before the Motor Accidents Claims Tribunal, Perumbavoor in O.P.(MV).No.330 of 1995 is alleged to have sustained injuries in an accident that occurred on 8.9.1994. No oral or documentary evidence was adduced. Tribunal dismissed the application on 31.1.2000. It is submitted that the claimant died on 24.10.1999. The award was passed after the death of the claimant. This appeal is filed by the legal heirs. The proper course for the legal heirs was to file an application to reopen the O.P.(MV) before the Tribunal. In these circumstances of the case, the award is set aside. The additional appellants 2 to 4 are directed to file application for impleading themselves as additional claimants before the Tribunal and thereafter the contesting parties should be allowed to adduce evidence, as expeditiously as possible. The appellants should approach the M.A.C.A.No.418 of 2005 - B 2 Tribunal with an application for impleading within one month from today. The appeal is allowed to the above extent. J.B.KOSHY, JUDGE THOMAS P. JOSEPH, JUDGE bkn/-