IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN MONDAY, THE 15TH DECEMBER 2008 / 24TH AGRAHAYANA 1930 MACA.No. 146 of 2003(P) ----------------------------------- OPMV.3108/1996 of MOTOR ACCIDENT CLAIMS TRIBUNAL, ERNAKULAM .................... APPELLANT/PETITIONER IN O.P(MV)NO.3108/96: --------------------------------------------------------------------- A.K. RAMAN, S/O. KRISHNAN, ALANGAPARAMBIL VEEDU, KARANAKODAM, PALARIVATTOM P.O. BY ADV. SRI.K.JANARDHANAN SRI.MANURAJ. K.J RESPONDENTS/RESPONDENTS IN THE CLAIM PETITION: --------------------------------------------------------------------------------- 1. MR. C.P. SHAJI, CHINNAPARAMBIL HOUSE, CHALIKKAVATTOM, COCHIN-25. 2. MR. SHASHEER A.H., ILLIKKAPARAMBIL, NEAR EDAPPALLY RAILWAY GATE, EDAPPALLY NORTH P.O. 3. THE UNITED INDIA INSURNCE CO.LTD., BRANCH LAYAM ROAD, THRIPUNITHURA. ADV. SMT.P.K.SANTHAMMA FOR R1 SMT.M.LALITHA NAIR FOR R3 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING COME UP FOR ADMISSION ON 15/12/2008,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Rs/ M.N. KRISHNAN, J. = = = = = = = = = = = = = = = M.A.C.A.NO. 146 OF 2003 = = = = = = = = = = = = = = = Dated this the 15th day of December, 2008. J U D G M E N T This appeal is preferred against the award of the Motor Accidents Claims Tribunal, Ernakulam in OP(MV)3108/96. The claimant sustained injuries in a road accident, i.e. according to him while he was standing near Padma junction an auto rickshaw suddenly crossed and hit him resulting in injuries to him. Unfortunately, the number of the vehicle was given as KRO 3290 in the F.I.R. as well as in the petition and in the charge sheet the vehicle number is KLO 3290. The Tribunal held that since the vehicle number is wrong the case has to be dismissed and accordingly dismissed the same. A perusal of the charge sheet itself would reveal that on enquiry by the investigating agency it was found that the correct registration number of the vehicle was KLO 3290 and not KRO 3290. These facts should have been taken into consideration by the tribunal while disposing of cases. The Tribunal has M.A.C.A. No. 146 OF 2003 -2- been highly technical and that has resulted in dismissal of the application. Therefore I feel an opportunity has to be given to the claimant to amend the petition and also produce necessary documents to show which is the vehicle that was really involved in the accident so that the insurance company can also file additional written statement regarding the insurance coverage of the vehicle and other particulars. Therefore the award under challenge is set aside and the matter is remitted back to the Tribunal with a direction to permit the appellant herein to amend the petition, produce documents and adduce evidence. Needless to say the insurance company is also be permitted to file additional written statement and produce documents in support of its contentions. Parties are directed to appear before the Tribunal on 15.1.09. The MACA is disposed of accordingly. M.N. KRISHNAN, JUDGE. ul/- M.A.C.A. No. 146 OF 2003 -3- M.N. KRISHNAN, J. = = = = = = = = = = M.A.C.A. No. 146 OF 2003 = = = = = = = = = = = J U D G M E N T 15th December, 2008.