IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.R.RAMAN & THE HONOURABLE MR. JUSTICE P.R.RAMACHANDRA MENON THURSDAY, THE 10TH DECEMBER 2009 / 19TH AGRAHAYANA 1931 MACA.No. 556 of 2003(D) OPMV.2597/1993 of MOTOR ACCIDENT CLAIMS TRIBUNAL, KOTTAYAM APPELLANT(S): APPELLANT/PETITIONER. P.K.RAJENDRAN, PALATHATTIL, PAZHUVILAKKUNNEL, MANGANAM. BY ADV. SMT.MINI ELIZABETH GEORGE SMT.BETTY K.ALUKKA RESPONDENT(S): RESPONDENT: 1. MANAGING DIRECTOR, KERALA STATE ROAD TRANSPORT CORPORATION, THIRUVANANTHAPURAM. **2. [UMMER, S/O.ABUBACKER, PUTHUPARAMBIL, VAZHAPPALLY, CHANGANACHERRY KOTTAYAM.] DELETED ** 2ND RESPONDENT IS DELETED FROM THE PARTY ARRAY, AT THE RISK OF THE APPELLANT - VIDE ORDER DATED 5/1/2009 IN I.A.3275/09. R1 BY ADV RESHMI JACOB THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 10/12/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: P.R.RAMAN & P.R.RAMACHANDRA MENON, JJ - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - M.A.C.A. No.556 of 2003 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 10th day of DECEMBER, 2009 J U D G M E N T Raman, J 1. Appellant is the driver of a private bus bearing Registration No.KLI/3092, who sustained injuries in a motor accident on 10/6/1993. A Kerala State Road Transport Corporation (KSRTC) bus being driven by the second respondent, coming from the opposite direction, hit against the vehicle driven by the appellant and caused injuries. Was it due to the negligence of the driver of the KSRTC bus which came in the opposite direction or was it because of the negligence on the part of the driver of the other vehicle or was it due to the negligence on the part of the drivers of both the vehicles, that the accident occurred, is, therefore, the question that arises for consideration. M.A.C.A. No. 556 of 2003 2 2. Ms.Reshmi Jacob took notice on behalf of the first respondent/ KSRTC and we heard Ms. Mini Elizabeth George, counsel for the appellant. 3. At the point of accident, the width of the road was 5.13 metres and the vehicle of the appellant was proceeding from west to east and the KSRTC bus was coming from east to west. The point of accident is 2.18 metres from the southern tarred end of the other part of the road which clearly shows that the appellant had transgressed towards the other side of the road, crossing the mid point. The only person who was charge- sheeted is the appellant though he was acquitted later. The appellant gave evidence as PW1, and the driver of the KSRTC bus as RW1. Thus there is oath against oath. 4. The evidence of PW2, however is not seen discussed at length. Going by the Assistant Motor Vehicle Inspector's (AMVI) Report of both the vehicles involved, we find that the M.A.C.A. No. 556 of 2003 3 driver's door of both the vehicles are torned, right side headlight, steering, drop arm wind screen glass , radiator etc broken, and front side body of both the vehicles fully dented, and the fact that it could be a case of head on collision. But with the available evidence, it may not be possible to conclude that this is a case of head on collision though there are circumstances leading to the same. We would have insisted for some better evidence in this regard. If it is a case whether sole negligence can be attributed on the part of the appellant/driver is a matter which may arise for consideration. Since the evidence of PW2 was not scanned through by the Tribunal before assessing the liability, it would be appropriate that the matter be reconsidered by the Tribunal and if it is a case of head on collision, whether the blame should be apportioned and if so, at what proportion etc. are matters which a court will have to consider. 5. Therefore, we set aside the award passed by the Tribunal and remand the case to the Tribunal for fresh M.A.C.A. No. 556 of 2003 4 consideration in accordance with law. The Tribunal shall issue fresh notice to the parties before the proceeding further. The appeal is this allowed by way of remand. P.R.RAMAN, JUDGE P.R. RAMACHANDRA MENON, JUDGE nl