IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE J.B.KOSHY & THE HONOURABLE MRS. JUSTICE K.HEMA MONDAY, THE 28TH JANUARY 2008 / 8TH MAGHA 1929 MACA.No. 1294 of 2007() ----------------------- OPMV.161/2004 of MOTOR ACCIDENT CLAIMS TRIBUNAL, PALAKKAD .................... APPELLANT/RESPONDENT: -------------------------------------- GURUVAYOORAPPAN, S/O. NARAYANAN, AGED 33 YEARS, THANGAM NIVAS, NANNIYODE, CHITTUR TALUK, PALAKKAD DISTRICT. BY ADV. SRI.RAJESH SIVARAMANKUTTY RESPONDENTS: PETITIONER: ---------------------------------------- 1. THANKAMANI, AGED 37 YEARS, W/O. LATE SIVAN, KAITHARAVU HOUSE, KAITHARAVU, VANDITHAVALAM, CHITTUR TALUK, PALAKKAD DISTRICT. 2. BIJU (MINOR), AGED 15 YEARS, REPRESENTED BY GUARDIAN MOTHER, 1ST RESPONDENT RESIDING AT -DO-. 3. BAIJU (MINOR), AGED 12 YEARS, REPRESENTED BY GUARDIAN MOTHER, 1ST RESPONDENT, RESIDING AT -DO-. THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 28/01/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: J.B.KOSHY & K.HEMA,JJ. ----------------------------------------- M.A.C.A.No.1294 OF 2007 ----------------------------------------- Dated this the 28th day of January, 2008 JUDGMENT Koshy, J. Even though notice was issued, there is no appearance for the respondents. Claim was filed by the respondents alleging that husband of the first respondent (first claimant) died in a motor accident, while he was riding in a motorcycle from east to west. A jeep, driven by the appellant hit him, as a result of which he sustained fatal injuries. Notice in the petition was issued to the appellant in the following address: “Guruvayoorappan, aged 38 year, S/o.not known, residing at Nanniyode, Chittur Taluk, Palakkad.” The initial or father of the appellant was not mentioned. The Insurance Company of the jeep was also not impleaded. No evidence was adduced by the claimants. Even if the respondent was absent and he was declared ex parte, the Tribunal cannot allow the case without any material. Whether the applicants are the legal representatives of the deceased Sivan is not proved. No documents were marked. It is stated that copy of the FIR was filed, but that was MACA.1294/07 2 also not marked. The Tribunal also did not summon police records to find out whether such an accident was occurred and who was the owner of the jeep and whether the jeep was insured or not. It is not contended that the appellant was not the driver of the jeep in question. However, whether the accident occurred is a matter to be considered by the Tribunal. In the above circumstances, we remand the matter for further evidence. The appellant should also furnish the name of the owner of the jeep. Since the claimants are absent, despite service of notice, the Tribunal should give notice to Advocate Sri.K.Jelly, who was appearing for the claimants before the Tribunal. Both parties, including the additional parties to be impleaded, are allowed to adduce evidence. The appeal is allowed remanding the matter for fresh evidence. The parties will appear before the Tribunal on 7.4.2008. J.B.KOSHY, JUDGE K.HEMA, JUDGE vgs. MACA.1294/07 3 J.B.KOSHY & K.HEMA, JJ. ------------------------------ ------------------------------ JUDGMENT .1.2008