IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.M.JOSEPH & THE HONOURABLE MR. JUSTICE M.L.JOSEPH FRANCIS WEDNESDAY, THE 24TH JUNE 2009 / 3RD ASHADHA 1931 MACA.No. 214 of 2003() ---------------------- OPMV.481/1994 of MOTOR ACCIDENT CLAIMS TRIBUNAL, PALAKKAD .................... APPELLANTS/PETITIONERS: ------------------------------------- 1. V. LAKSHMI, W/O. VELUCHAMY COUNDER, AGED 50 YEARS, RESIDING AT DOORNO.513/B, RANGASAMUDRAM, CHOOLEZHUTHAMPADI P.O., POLLACHI TALUK, COIMBATORE DISTRICT. 2. V. SHANMUGHAN SUNDARAM, S/O. VELUCHAMY GOUNDER, AGED 25 YEARS, RESIDING AT RANGASAMUDRAM, CHOOLEZHUTHAMPADI P.O., POLLACHI TALUK, COIMBATORE DISTRICT. 3. N. RUGMANI, DOOR NO.513/B, RANGASAMUDRAM, CHOOLESWARANPATHY P.O., POLLACHI TALUK, COIMBATORE DISTRICT. 4. M. DEVI, D/O. VELUCHAMY, DOOR NO.513/B, RANGASAMUDRAM, CHOOLESWARAMPATHY P.O., POLLACHI TALUK, COIMBATORE DISTRICT. BY ADV. SRI.H.SIVARAMAN SRI.S.M.UNNIKRISHNAN RESPONDENTS/RESPONDENTS: ---------------------------------------------- 1. MANI, S/O. CHIPRA, AGED 40 YEARS, RESIDING AT KULLARAYAM PALAYAM, PAZHANIYARPALAYAM P.O., KOZHINJAMPARA, CHITTUR TALUK, (DRIVR OF TRACTOR NO.KRP 6051). 2. INNASIRAYAN, S/O. JNANA GURUSWAMY, KULLARIYAPALAYAM, PAZHANIYARPALAYAM P.O., CHITTUR TALUK, (OWNER OF TRACTOR NO.K.R.P.6051). 3. THE ORIENTAL INSURANCE COMPANY LTD., SOBHA COMPLEX, PALAKKAD, POLICY NO.441102/226/060/MV/9284/93, CERTIFICATE NO.441102/CV4/7220/93. ADV. SRI.GEORGE CHERIAN (THIRUVALLA) FOR R3 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 02/06/2009, THE COURT ON 24/06/2009 PASSED THE FOLLOWING: K. M. JOSEPH & M.L. JOSEPH FRANCIS, JJ. - - - - - - - - - - - - - - - - - - - - - - - - - - M.A.C.A.No. 214 of 2003 - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 10th day of June, 2009 JUDGMENT Joseph Francis, J. This appeal is filed by the petitioners in O.P.(M.V.) No. 481 of 1994 on the file of the Motor Accidents Claims Tribunal, Palakkad. The respondents herein are respondents 1 to 3 in that petition. O.P.(M.V.) 481 of 1994 is a petition filed under Section 166 of the Motor Vehicles Act. 2. The allegation is that on 30.10.1993, while the deceased Sethuramalingam was riding his motor cycle, a Tractor bearing No. KRP 6051 driven by the first respondent, owned by the second respondent and insured with the third respondent, came in a rash and negligent manner and hit on the motor cycle, as a result of which Sethuramalingam sustained serious injuries and on the way to the hospital he died due to the injuries sustained in M.A.C.A.No. 214 of 2003 2 that accident. According to the appellants, the first appellant is the mother, the second appellant is the brother and appellants 3 and 4 are sisters of deceased Sethuramalingam. They claimed Rs. 3 lakhs as compensation. 3. The first respondent driver produced copy of his driving licence and did not oppose the claim of the appellants/petitioners. The second respondent filed a written statement contending that the appellants have to prove their relationship with the deceased. The third respondent filed written statement and additional written statement contending that appellants 2 to 4 are not the legal heirs of deceased Sethuramalingam. Eventhough the Tractor was insured with the third respondent, the first respondent had no driving licence. Before the Claims Tribunal PW1 and RWs.1 to 3 were examined and Exts. A1 to A7 and B1 to B6 were marked. 4. The learned Claims Tribunal, on considering the evidence, found that the accident occurred due to the rash and negligent driving of the first respondent. The Tribunal further found that the first M.A.C.A.No. 214 of 2003 3 respondent had no valid driving licence at the time of the accident and therefore the third respondent was exonerated from the liability. The Claims Tribunal did not assess the compensation, as the appellants failed to establish that they are the legal heirs of deceased Sethuramalingam and the petition was dismissed. Against that award the appellants/petitioners filed this appeal. 5. Heard the learned counsel for the appellants and the learned counsel for the respondents. 6. The appeal memorandum shows that the appellants are not challenging the findings of the Claims Tribunal that the accident was due to the rash and negligent driving of the first respondent, who was driving the tractor, and the first respondent had no valid driving licence at the time of the accident as the 3rd respondent Insurance Company was exonerated from liability. Therefore these findings have become final. A bare reading of Section 166 of the M.V.Act clearly reveals that in a case of an accident, a person who sustains injury can make an application for compensation before the Claims Tribunal and M.A.C.A.No. 214 of 2003 4 if any death has resulted from the accident, any or all the legal heirs can brought on record and can pursue under Section 166(1)(c) of the Act. The learned counsel for the appellants submitted that the appellants have obtained legal heir ship certificate showing that they are the legal heirs of deceased Sethuramalingam and therefore the case may be remanded to the Tribunal for assessing compensation and for proving that the appellants are the legal heirs of deceased Sethuramalingam. Considering the facts and circumstances of the case, we are of the view that in the interests of justice the case has to be remanded to the Claims Tribunal for considering whether the appellants are legal representatives of deceased Sethuramalingam and whether they are entitled to get any compensation. 7. This appeal is, therefore, allowed. The award in O.P.(M.V.) No. 481 of 1994 on the file of the M.A.C.T., Palakkad is set aside and the case is remanded to the Claims Tribunal for considering the question whether the appellants are the legal representatives of deceased Sethuramalingam and whether they are entitled to get any M.A.C.A.No. 214 of 2003 5 compensation. Sufficient opportunity to be given to both sides to adduce further evidence. The parties are directed to appear before the M.A.C.T., Palakkad on 29.7.2009. There is no order as to cost. (K. M. JOSEPH) Judge (M.L. JOSEPH FRANCIS) Judge tm