IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT & THE HONOURABLE MRS. JUSTICE M.C.HARI RANI MONDAY, THE 18TH JANUARY 2010 / 28TH POUSHA 1931 MACA.No. 534 of 2009() ---------------------- OPMV.188/2000 of MOTOR ACCIDENT CLAIMS TRIBUNAL, KALPETTA .................... APPELLANT : 2ND RESPONDENT ---------------------------- A.E.JANARDHANAN S/O. NARAYANAN, MALANKARA HOUSE, EACHOM P.O., PANAMARAM. BY ADV. SRI.B.S.SWATHY KUMAR RESPONDENT(S): PETITIONER AND RESPONDENTS 1 & 3 ----------------------------------------------- 1. M.F.JOSE @ JOSEPH M.F., S/O. FRANCHU, MOOLASSERIYIL HOUSE, EACHOME P.O., PANAMARAM. 2. SHAJI, KALAMBUKATTIL HOUSE, EACHOME P.O., PANAMARAM. 3. THE MANAGER, UNITED INDIA INSURANCE CO. LTD., KALPETTA P.O. ADV. SRI.MATHEWS JACOB, SENIOR ADVOCATE FOR R3 SRI.P.JACOB MATHEW FOR R3 SMT.CELINE JOSEPH FOR R1 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 18/01/2010 ALONG WITH 1710, 1717 of 2009 AND W.P(C) No.972 of 2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: R.BASANT & M.C.HARI RANI, JJ. ******************************* M.A.C.A Nos.534, 1710, 1717 of 2009 and W.P(C) No.972 of 2010 ******************************* Dated this the 18th day of January 2010 JUDGMENT BASANT, J. 7 claims arose from an accident involving the vehicle of the common appellant/petitioner in these matters. 5 such claims were filed before the M.A.C.T, Ernakulam and 2 such claims were filed before the M.A.C.T, Kalpetta. The M.A.C.T, Ernakulam disposed of all the 5 cases with a common judgment. Appeals were preferred against the award in 4 claims; whereas a Writ Petition was filed against the award in one such case. The appellant/owner has been made liable. The appellant claims to be aggrieved by the common award passed by the M.A.C.T, Ernakulam. The 4 appeals preferred are M.A.C.A Nos.1897, 1898 and 1902 of 2009 as also M.A.C.A No.1710 of 2009. The Writ Petition preferred against the disposal of the 5th O.P as per the common award is pending as W.PC) No.972 of 2010. 3 of those appeals, ie. M.A.C.A Nos.1897, 1898 and 1902 of 2009 have already been disposed of by the learned Single Judge as per the common judgment dated M.A.C.A Nos.534, 1710, 1717 of 2009 and W.P(C) No.972 of 2010 2 02.12.2009. The matter has been sent back to the M.A.C.T, Ernakulam for fresh disposal in accordance with law subject to directions. Thus M.A.C.A No.1710 of 2009 and W.P(C) No.972 of 2010 are the pending challenges against the same common impugned award. 2. The M.A.C.T, Kalpetta disposed of the 2 remaining claims by separate judgments. The appellant/owner claims to be aggrieved by the impugned separate awards passed in respect of those two claims. 3. Service is complete in all these surviving matters. We have already condoned the delay in filing the appeals. The learned counsel for the appellant prays that the impugned awards may also be set aside in terms of the common judgment in M.A.C.A Nos.1897, 1898 and 1902 of 2009 dated 02.12.2009. All respondents accept that request. We are satisfied that all claims arising out of the same accident deserve to be disposed of by the same Judge now, especially in the light of the limit claimed by the insurance company. We are, in these circumstances, satisfied that these appeals and Writ Petition can also be allowed and the Tribunal can be directed to dispose of the matter afresh. M.A.C.A Nos.534, 1710, 1717 of 2009 and W.P(C) No.972 of 2010 3 4. In the result: A. 1) M.A.C.A No.1710 of 2009 and Writ Petition No.972 of 2010 are allowed and the impugned awards are set aside; 2) The M.A.C.T, Ernakulam shall dispose of these 2 cases also afresh in accordance with law and in the light of the order of remand vide common judgment dated 02.12.2009 passed by the learned Single Judge in M.A.C.A Nos.1897, 1898 and 1902; B. 1) M.A.C.A Nos.534 and 1717 of 2009 are also allowed and the impugned awards are set aside; 2) The petitions, ie. O.P(MV) Nos.188 of 2000 and 189 of 2000 which were pending before the M.A.C.T, Kalpetta are transferred to the M.A.C.T, Ernakulam and the M.A.C.T, Ernakulam is directed to dispose of those 2 claims also along with the other 5 claims which have already been remanded to it for fresh disposal in accordance with law and in the light of the common judgment dated 02.12.2009. The M.A.C.T, Kalpetta shall forthwith forward records in O.P(MV) Nos.188 and 189 of 2000 to the M.A.C.T, Ernakulam. 5. The parties shall appear before the M.A.C.T, Ernakulam on 01.03.2010 to continue the proceedings. M.A.C.T, M.A.C.A Nos.534, 1710, 1717 of 2009 and W.P(C) No.972 of 2010 4 Kalpetta shall ensure that the records reach the M.A.C.T, Ernakulam well prior to that date. We make it clear that it shall be open to the parties to raise all contentions before the M.A.C.T, Ernakulam. The matter shall be disposed of afresh in accordance with law and in terms of the common judgment passed by the learned Single Judge of this Court in the connected appeals. (R.BASANT, JUDGE) (M.C.HARI RANI, JUDGE) rtr/-