IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE J.B.KOSHY & THE HONOURABLE MR. JUSTICE K.P.BALACHANDRAN TUESDAY, THE 23RD SEPTEMBER 2008 / 1ST ASWINA 1930 MACA.No. 362 of 2004() -------------------------------- OPMV.2026/1998 of MOTOR ACCIDENT CLAIMS TRIBUNAL, KOTTAYAM .................... APPELLANT(S): APPELLANT/PETITIONER: ------------------------------------------------------------- CHERIAN @ SUNNY, CHALUMUKKIL HOUSE, KOTHANALLOOR P.O. BY ADV. SRI.MATHEW JOHN (K) SRI.SUJESH MENON V.B. RESPONDENT(S): ------------------------ 1. GEORGE JOSEPH, THEKKEKKARA (THEKKEKAROTTU) KOTHANALLOOR P.O. 2. K.J. THOMAS @ KUNJUMON, KOTTATHANPARAMBIL, KOTHANALLOOR P.O. 3. UNITED INDIA INSURANCE CO.LTD., REPRESENTED BY THE DIVISIONAL MANAGER, KOTTAYAM. BY ADV. SRI.N.S.MOHAMMED USMAN FOR R3 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 23/09/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: J.B.KOSHY & K.P.BALACHANDRAN, JJ. ------------------------------- M.A.C.A.NO.362 OF 2004 (G) ----------------------------------- Dated this the 23rd day of September, 2008 J U D G M E N T KOSHY,J. This appeal is filed against the award of the Motor Accidents Claims Tribunal, Kottayam. The impugned award is from a common award passed by the above Tribunal in six cases. The common award in four cases was set aside by the judgment of this Court dated 20th June, 2008 in MACA.336/2004 and connected cases and the matter was remanded with the following directions: “Therefore, the award under challenge is set aside and the matter is remitted back to the Tribunal, with the following directions: (i) If the claimants so choses they may be permitted to implead the owner, insurer and driver of the lorry as well. (ii) The claimants are permitted to adduce oral evidence as well as any further documentary evidence in support of their MACA.362/04 2 contentions. (iii) In order to have a proper resolution, if any, amendment to the pleading or filing of additional written statement is necessary that also may be permitted. It is also made clear that if the owner of the lorry, the driver and insurer are impleaded they may also be permitted to file written statements. After hearing all concerned, the Tribunal shall take a decision and also to apply its mind to find out if the negligence is not proved whether the decision reported in Kaushnuma Begum v. New India Assurance Co. Ltd. (2001 (1) KLT 408 (SC)) will come to their rescue.” We dispose of this appeal with the same direction and the Tribunal is directed to dispose of this matter along with the connected cases. With the above direction, this appeal is disposed of. J.B.KOSHY, JUDGE K.P.BALACHANDRAN, JUDGE prp MACA.362/04 3 J.B.KOSHY & K.P.BALACHANDRAN, JJ. -------------------------------------------------------- M.F.A.NO. OF 2006 () --------------------------------------------------------- J U D G M E N T --------------------------------------------------------- 23rd September, 2008