IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN MONDAY, THE 30TH JUNE 2008 / 9TH ASHADHA 1930 MACA.No. 21 of 2004() --------------------- OPMV.817/1997 of MOTOR ACCIDENT CLAIMS TRIBUNAL, THALASSERY .................... APPELLANT/PETITIONER: -------------------------------------- K.SUDHEENDRAN, S/O.GOPALAN NAMBIAR, SREE BHAVAN, MUNDAYAD P.O. KANNUR DISTRICT. BY ADV. SRI.A.MOHAMED MUSTAQUE SRI.M.K.SUMOD SRI.KAUSER EDAPPAGATH RESPONDENTS: RESPONDENTS: -------------------------------------------------- 1. KOOVAIL MURALEEDHARAN, S/O.KUMARAN, CHERUVATHURKANDY HOUSE, KANHIRODE P.O. MOWANCHERY, KANNUR. 2. K.P.GOVINDAN, RISHA NIVAS, KANCHIRODE P.O,. MOWANCHERY, KANNUR. 3. THE NEW INDIA INSURANCE CO.LTD., KANNUR. BY ADV. SRI.KKM.SHERIF - R3 SRI.A.A.ZIYAD RAHMAN - R3 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 30/06/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss M.N. KRISHNAN, J. = = = = = = = = = = = = = = M.A.C.A. NO. 21 OF 2004 = = = = = = = = = = = = = = = Dated this the 30th day of June, 2008. J U D G M E N T This appeal is preferred against the award of the Motor Accidents Claims Tribunal, Thalassery in O.P.(MV)817/97. One Sudheendran, son of Gopalan Nambiar, has filed this application for damages sustained to the vehicle in the accident. The Tribunal relying on a statement given by one Ratheesh to the police that he is the owner of the vehicle, non-suited the claimant on the ground that there is nothing to prove his ownership. It is against that decision the present appeal is filed. 2. Along with the memorandum of appeal the appellant has produced true extracted copy of the R.C. Particulars issued by the Addl. Registering Authority, Kannur. It can be seen from the said document that the vehicle KRP 6630 was transferred to the name of K.Sudheendran, son of Gopalan Nambiar, with effect from 14.3.95. The next transfer is in favour of one P.M. Satheesh with effect from M.A.C.A. 21 OF 2004 -:2:- 23.4.97. If these entries are true then from 14.3.95 to 23.4.97, Sudheendran appears to be the owner of the vehicle. The accident had taken place on 18.10.96. Therefore there is some force in the contention of the counsel for the appellant. But this document has to be proved and the Tribunal has to take a decision on the same. Further the Tribunal has also not considered the question of compensation. Therefore the award requires interference and it is set aside. In the result the MACA is allowed and the award under challenge is set aside and the matter is remitted back to the Tribunal and the appellant is permitted to produce documents which he had produced before this Court by taking it back. All parties are permitted to adduce evidence in support of their respective contentions and they are directed to appear before the Tribunal on 7.8.08. M.N. KRISHNAN, JUDGE. ul/-