IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN TUESDAY, THE 15TH SEPTEMBER 2009 / 24TH BHADRA 1931 MACA.No. 243 of 2004() ------------------------------- O.P.(MV) N0. .331/1998 of MOTOR ACCIDENT CLAIMS TRIBUNAL, KOTTAYAM .................... APPELLANT/PETITIONER IN OP (MV): ------------------------------------------------------ LEKSHMI, W/O.GOPALAN, AYALATTUCHIRA HOUSE, UDAYANAPURAM.P.O., VAIKOM TALUK. BY ADVS. SRI.P.M.NATESAN SRI.P.K.MURALEEDHARAN RESPONDENTS/ RESPONDENTS IN OP (MV): -------------------------------------------------------------- 1. DILEEP KUMAR, KARIPALLIMALAYIL HOUSE, VADAKKE KARA, VELLOOR.P.O., VAIKOM TALUK. 2. KURIAN, S/O. MATHAYI, MULLANKUZHIYIL HOUSE, VADAKKE KARA, VELLOOR VILLAGE, VAIKOM TALUK. 3. THE MANAGER, NATIONAL INSURANCE COMPANY LIMITED, BRANCH OFFICE, THRIPUNITHURA. THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 15/09/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: ln M.N. KRISHNAN, J. =-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-= M.A.C.A.No. 243 of 2004 =-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-= Dated this the 15th day of September, 2009 JUDGMENT This is an appeal preferred by the claimant in O.P.(MV) No.331 of 1998 on the file of the Motor Accidents Claims Tribunal, Kottayam. During the pendency of the appeal, the claimant died and his legal representatives are impleaded as additional appellants 2 to 10. 2. A perusal of the award would reveal that the claim petition was dismissed for non production of evidence to prove the accident as well as the injuries. The learned counsel for the appellants has brought to my notice that a connected case O.P.(MV) No.10163 of 1997 relating to the same accident was allowed by the Tribunal by awarding compensation. I do not want to deprive the appellants from getting compensation, if they are entitled to. 3. Therefore, the award under challenge is set aside and the matter is remitted back to the Tribunal for fresh consideration. The Tribunal is directed to dispose of the matter in accordance with law, after giving the appellants an opportunity to adduce evidence in support of their contentions. MACA 243/04 2 4. The parties are directed to appear before the Tribunal on 10-11-2009. In case the respondents do not appear, issue notice to them, so that the matter can be disposed of in their presence. M.N.KRISHNAN, JUDGE. mn.