IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN FRIDAY, THE 5TH DECEMBER 2008 / 14TH AGRAHAYANA 1930 MACA.No. 646 of 2006() --------------------------------- OP(MV).604/2002 of MOTOR ACCIDENTS CLAIMS TRIBUNAL, MUVATTUPUZHA .................... APPELLANT(S): /PETITIONER ------------------------ ABDUL RAHIMAN, AGED 58 YEARS, KOORKADAN HOUSE, KDH VILLAGE, MUNNAR KARA, MUNNAR. BY ADV. SRI.GEO PAUL SRI.SANU MATHEW SRI.TIGGINS GEORGE (MUVATTUPUZHA) RESPONDENT(S): RESPONDENTS. --------------------------- 1. C.MURUGAN, S/O. CHELLAM, PAZHATHTTAM WARD NO.11/137, ELLAPETTY P.O. 2. EDWARD, S/O. RAMASWAMY, CHOKKANATTU ESTATE, HOUSE, NO.40, KULAMANK DIVISION, KDH VILLAGE, DEVIKULAM TALUK. 3. UNITED INDIA INSURANCE CO.LTD., PANKAJ BUILDING, MSA ROAD, MUNNAR. ADV. SRI.N.S.MOHAMMED USMAN FOR R3 SRI.N.M.VARGHESE FOR R2 SRI.MATHEW SEBASTIAN FOR R2 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 05/12/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: M.N.KRISHNAN, J ===================== MACA No.646 OF 2006 ===================== Dated this the 5th day of December 2008 JUDGMENT This appeal is preferred against the award of the Motor Accidents Claims Tribunal, Muvattupuzha in O.P.(MV)No.604 of 2002. There was a connected case O.P.(MV)No.605 of 2002 against which an appeal was preferred as MACA No.589 of 2006. By judgment dated 13.11.2008 I had considered the matter in detail and set aside the award of the Tribunal and remanded the case for fresh disposal. The same reasonings are available in this case as well and therefore I set aside the award and remit the case back to the Tribunal for trial along with O.P.(MV)No.605 of 2002 and I fix the date of appearance as 27.12.2008. It is made clear that the points discussed and found in MACA No.589 of 2006 have to be followed in this case for the purpose of disposal of the matter. With these observations, the MACA is disposed of. M.N.KRISHNAN, JUDGE Cdp/- CRPs 1918 & 1919/2003 -:2:-