IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN TUESDAY, THE 3RD JUNE 2008 / 13TH JYAISHTA 1930 MACA.No. 1833 of 2007() ---------------------------------- OPMV.566/2000 of IST ADDL.MOTOR ACCIDENTS CLAIMS TRIBUNAL,KOZHIKODE .................... APPELLANT/2ND RESPONDENT ---------------------- THE NEW INDIA ASSURANCE COMPANY LIMITED, CHANGANASSERRY, NOW REPRESENTED BY ITS MANAGER, REGIONAL OFFICE, M.G.ROAD, KOCHI-11. BY ADV. SRI.MATHEWS JACOB (SR.) SRI.P.JACOB MATHEW RESPONDENT: PETITIONER ----------------------- K.K.THANKAPPAN, S/O KUNJUKUTTAN, KOMBARA HOUSE, THIRUVAMBADY P.O., ATHIPPARA, KOZHIKODE. ( NO RELIEFS ARE CLIAMED AGAINST THE IST RESPONDENT IN THE ABOVE ORIGINAL PETITION AND HENCE HE IS NOT MADE A PARTY IN THIS APPEAL) BY ADV. SRI.K.M.JAMALUDHEEN THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 03/06/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: M.N.KRISHNAN, J. -------------------------- M.A.C.A. No. 1833 OF 2007 --------------------- Dated this the 3rd day of June, 2008 JUDGMENT This appeal is preferred against the award passed by the Ist Addl. Motor Accident Claims Tribunal, Kozhikode, in OP(MV) No.566/00. The petitioner before the tribunal is a KSRTC driver. The accident took place on account of the collision between the KSRTC bus, which the petitioner in the claim petition was driving, and a lorry. 2. Learned counsel for the Insurance Company would contend that the claim petition itself is not maintainable on two grounds. (i) There has been no permanent disability under section 163 A of the Motor Vehicles Act. (ii) As per the petition the income of the person is shown as Rs.4,000/- which also is a taboo to file a claim petition because it goes beyond the schedule of the Motor Vehicles Act. In other words, when the amount exceeds Rs.40,000/- per annun the application will not lie. Unfortunately, both these aspects have not been considered by the Tribunal. It is a matter which goes into the root of the case because it will decide the MACA No.1833/07 2 maintainability of the case. Therefore, the award passed by the Tribunal is set aside and the matter is remanded back to the Tribunal for considering the following questions i.e. whether there is any permanent disablement as contemplated under section 163 A of the Motor Vehicles Act to entertain a petition under that section and whether the petitioner in the claim petition is a person who is having more than Rs.40,000/- as income per annum. Both parties are permitted to adduce oral and documentary evidence in support of their respective contentions and the matter shall be decided by the Tribunal in accordance with law. Parties are directed to appear before the court below on 21.7.08. M.N.KRISHNAN, JUDGE vps