IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.PADMANABHAN NAIR FRIDAY, THE 1ST FEBRUARY 2008 / 12TH MAGHA 1929 MACA.No. 1546 of 2007() ----------------------- OPMV.178/2006 of MOTOR ACCIDENT CLAIMS TRIBUNAL, MUVATTUPUZHA .................... APPELLANT/PETITIONER ------------- JOY PETER, S/O.LATE FR.PETER, AGED 65 YEARS, RAMANATTU HOUSE, THANKALAMKARA, THRIKKRIYOOR VILLAGE, KOTHAMANGALAM TALUK. BY ADV. DR.GEORGE ABRAHAM RESPONDENTS: RESPONDENTS ----------------- 1. ELDOSE, S/O.THOMAS, AGED 25 YEARS, ARACKAL VEEDU, EDASSERYCHADY BHAGAM, KOOMBENPARA KARA, KOOMBANPARA P.O., ANAVIRATTY VILLAGE, IDUKKI DIST. 2. YOUSEF T.A., THEKKEMOLETH HOUSE, PAMPRA P.O., KOTHAMANGALAM TALUK. 3. BRANCH MANAGER, ORIENTAL INSURANCE COMPANY LTD., NO.7, UTHAMAR GANDHI SALAI, 2ND FLOOR, ROSY TOWERS, NUNGAMBAKKAM, CHENNAI, TAMIL NADU. R3 BY ADV. SRI GEORGE CHERIAN THIRUVALLA THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 01/02/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.PADMANABHAN NAIR, J. ------------------------------- M.A.C.A.No. 1546 of 2007 ------------------------------- Dated this the 1st February, 2008. J U D G M E N T Advocate Sri.George Cheriyan entered appearance for the third respondent. The appeal is filed by the claimant in O.P.(M.V.) No.178/2006, on the file of the Motor Accidents Claims Tribunal, Muvattupuzha. Petition was posted for taking steps to second respondent in the correct address. But the steps were taken in the old address. For that simple reason, the Tribunal dismissed the claim petition. 2. After hearing both sides, I am of the view that being a case filed in the year 2006, the Tribunal ought to have given one more opportunity to the appellant-claimant to take steps to second respondent. For that purpose, the case has to go back. MACA No.1546/2007 2 In the result, the appeal is allowed. The award passed by the Tribunal in O.P.(M.V.) No.178/2006 is hereby set aside. Original Petition is remanded for fresh consideration, in accordance with law, after giving appellant-claimant reasonable time to take steps to issue notice to 2nd respondent. Parties are directed to appear before the court below on 10.3.2008. K.PADMANABHAN NAIR, JUDGE nj.