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. 72 of 2003() --------------------- OPMV.1100/1995 of MOTOR ACCIDENT CLAIMS TRIBUNAL, PALAKKAD .................... APPELLANT(S): APPELLANTS/CLAIMANTS ---------------------------------- 1. KESAVAN S/O. MALLU, KOOTTAMOOCHIKKAL, ERAMAYUR, ALATHUR TALUK, PALAKKAD DISTRICT. 2. SUNDARI W/O. KESAVAN, DO.DO. BY ADV. SRI.LIJU. M.P RESPONDENT(S): RESPONDENTS -------------------------- 1. MANIKANDAN S/O. NARAYANAN, THIRUVANNAMALA, KOTTAYI, PALAKKAD (DRIVER OF THE LORRY KEE 352) 2. K.V.RADHAKRISHNAN, CHEMMANGAD, KOTTAYI, PALAKKAD. (OWNER OF LORRY KEE 352 3. UNITED INDIA INSURANCE CO. LIMITED, MANNARKKAD. (INSURER OF LORRY KEE 352 ) ADV. SRI.P.MURALEEDHARAN FOR R3 SRI.RAJESH SIVARAMANKUTTY FOR R1 & 2 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.72 of 2003 .................................................................... Dated this the 21st day of May, 2009. JUDGMENT Ramachandran Nair, J. Appeal is filed against the order of the MACT rejecting the claim petition for want of proof of relationship between the claimants and the deceased. Appellants have produced certificate before us to prove that the deceased was their child. Even though an application is filed to implead the other claimants who are the brother and sister of the deceased, we do not think we should consider this application because the additional respondents sought to be impleaded are at the maximum claimants along with the appellants. Since certificate of relationship is produced before us for the first time, we set aside the award and remand the matter to the MACT for the appellants to produce the certificate before the MACT and if required, to implead other children also as claimants and to proceed with the claim petition. The MACT, Palakkad is directed to restore the claim petition, consider the certificate produced by the appellants and to dispose of the claim 2 petition within a period of six months from date of receipt of copy of this judgment. Notice should be issued to the Insurance Company and they should be heard before orders are passed in the matter. C.N.RAMACHANDRAN NAIR Judge C.K.ABDUL REHIM Judge pms