IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN FRIDAY, THE 5TH MARCH 2010 / 14TH PHALGUNA 1931 MACA.No. 3001 of 2008() --------------------------------- OPMV.583/2003 of MOTOR ACCIDENT CLAIMS TRIBUNAL, THALASSERY .................... APPELLANT(S): IST RESPONDENT ----------------------- M.SUNITHA, W/O.RAVEENDRAN R/AT.ORMA NIVAS, PO.MAKKERI, PIN-670622 KANNUR (OWNER BUS NO.KRN 3789 BY ADVS. SMT.K.K.CHANDRALEKHA MR.GOPAKUMAR G. (ALUVA) RESPONDENT(S): R3, CLAIMANT , R2 ------------------------ 1. NEW INDIA ASSURANCE CO.LTD. SADHOO BUILDING, II FLOOR NEAR MUNICIPAL BUS STAND PO.KANNUR-1, 2. K.V.SAJITH KUMAR, S/O.RAMAKRISHNA 32 YEARS, SANTHOSH NIVAS.P.O., MAKERI, KANNUR. 3. M.SUDHAKARAN, S/O.NARAYANAN, R/AT. POOLUNDA, ERIVERI AMSOM, PO.ERIVERI, PIN.670614. VALLACHAL, KANNUR. R1 BY ADV.MR.GEORGE CHERIAN (THIRUVALLA) R3 BY ADV.SMT.M.M.DEEPA THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 05/03/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: tss M.N.KRISHNAN,J. ====================== M.A.C.A No.3001 OF 2008 ====================== Dated this the 5th day of March 2010. JUDGMENT This appeal is preferred against the award of the Motor Accidents Claims Tribunal, Thalassery in O.P.(MV) No.583/2003. The claimant has been awarded a compensation of Rs.30,500/- and the 3rd respondent, namely, New India Insurance Company has been directed to pay the amount. M.A.C.A No.155/2009 and M.A.C.A 2519/2009 were heard by this Court along with other cases . All those matters had been remitted back to the Tribunal at Thalassery for reconsideration and disposal. Therefore, in the light of those judgments, this matter also requires reconsideration by way of remand. Therefore the award under challenge is set aside and matter is remitted back to the Tribunal with a direction to dispose it of along with other matters already remitted. The parties be permitted to adduce both documentary as well as oral evidence in support of their respective contentions. Parties are directed M.A.C.A No.3001 OF 2008 2 to appear before the Tribunal on 8.4.2010. M.N.KRISHNAN,JUDGE. mns