IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.N.RAMACHANDRAN NAIR & THE HONOURABLE MR. JUSTICE C.K.ABDUL REHIM THURSDAY, THE 21ST MAY 2009 / 31ST VAISAKHA 1931 MACA.No. 380 of 2003(C) ----------------------- OPMV.581/1999 of MOTOR ACCIDENT CLAIMS TRIBUNAL, ALAPPUZHA .................... APPELLANT(S): APPELLANT/1ST RESPONDENT -------------------------------------- C.D.MOHANAN, S/O. DAMODHARAN, CHOLAPARAMBATHU HOUSE, ANNAMANADA P.O., THRISSUR DISTRICT. BY ADV. SRI.K.ANAND (A.201) SMT.LATHA KRISHNAN RESPONDENT(S): PETITIONER AND 2ND RESPONDENT -------------------------------------------- 1. RAJAPPAN PILLAI, S/O. PADMANABHA PILLAI, KURIAN PARAMBIL HOUSE, PALLIPURAM PO., CHENNAM PALLIPURAM GRAMA PANCHAYATH, WARD -7, CHERTHALA TALUK, ALAPPUZHA DISTRICT. (DIED) 2. AJITHKUMAR, S/O. NARAYANAN, NIKARTHIL VEETTIL, PALLIPURAM P.O. ADDL. 3. SMT. KANAKAMMA, WIFE OF LATE RAJAPPAN PILLAI, KURIAN PARAMBIL, PALLIPURAM P.O., CHERTHALA TALUK ALAPPUZHA DIST. ADDL. 4. SMT. SUJATHA, K.R., D/O. LATE RAJAPPAN PILLAI KURIAN PARAMBIL, DO.DO. ADDL. 5. MR. MANOJ, K.R., SON OF LATE RAJAPPAN PILLAI, DO.DO. ADDL. 6. SMT. BINDU,K.R., DAUGHTER OF LATE RAJAPPAN PILLAI, DO.DO. ADDL. 7. MR. ANIL KUMAR, K.R., SON OF LATE RAJAPPAN PILLAI, DO.DO. ADDL. 8. SMT. RAJIMOL, K.R., DAUGHTER OF LATE RAJAPPAN PILLAI DO.DO. ADDL. R3 TO R8 ARE IMPLEADED AS PER ORDER ON IA 682/05 DATED 24.2.2005 ADV. SRI.C.K.SAJEEV FOR R2 SRI.P.VIJAYARAGHAVAN FOR ADDLR3 TO R8 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 21/05/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: C .N. RAMACHANDRAN NAIR & C. K. ABDUL REHIM, JJ. -------------------------------------------- M.A.C.A. No. 380 OF 2003 -------------------------------------------- Dated this the 21st day of May, 2009 JUDGMENT Ramachandran Nair,J. Appeal is filed by the registered owner of the vehicle involved in the accident, against whom award is passed by the MACT. According to the appellant, notice of claim petition was not served on him and he had in fact sold the vehicle and the change of ownership was recorded in the RC book. We do not know on what basis the MACT passed the award against the appellant, when he was not the registered owner on record as on the date of the accident. In view of the contention raised, we set aside the award as against the appellant alone, and remand the matter back to the Tribunal for verification about the change of ownership and if registered owner is different, to permit the respondent to pursue the claim against them by impleading them as respondents. Since driver of the vehicle has not filed appeal, award will stand against him, and recovery can be continued against him. However, if 2 the award is satisfied, there is no need to pursue against registered owner or the insurer and it is for the MACT to consider appellant's entitlement for exoneration from liability. (C.N.RAMACHANDRAN NAIR) Judge. (C. K. ABDUL REHIM) Judge. kk 3