IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE A.K.BASHEER & THE HONOURABLE MR. JUSTICE P.Q.BARKATH ALI FRIDAY, THE 6TH AUGUST 2010 / 15TH SRAVANA 1932 MACA.No. 1661 of 2007() ----------------------- ( O.P.(MV)NO.2843/2002 OF MACT, KOZHIKODE) APPELLANT(S): PETITIONERS -------------- 1. MANIMEHALAI, W/O.LATE PALANICHAMY, AGED 37 YEARS, WIFE OF THE DECEASED. 2. SURESH, S/O.LATE PALANICHAMY, NOW AGED 21 YEARS, (SON OF THE DECEASED). 3. SIVAKUMAR, S/O.LATE PALANICHAMY, AGED 20 YEARS, ALL ARE RESIDING AT PATTABITHOTTAM, EAST MEENACHIANICKENPATTY,KURUMBAPATTY POST, DINDIGUL DISTRICT,TAMILNADU. BY ADV. SRI.K.M.JAMALUDHEEN RESPONDENT(S): RESPONDENTS --------------- 1. FAHIMA, W/O.ABDUL KHADER, CHALATH HOUSEM THIRUVANGOOR,KOYILANDY, KOZHIKODE. 2. ANEESH, S/O.KRISHNAN, AGED 32 YEARS, MEDAKKUNNMMAL HOUSE, MODAKKALLUR POST, KUNNATHARA. 3. THE UNITED INDIA INSURANCE COMPNAY LTD, DIVISIONAL OFFICE, MAVOOR ROAD,KOZHIKODE. ADV. SRI.V.K.BALACHANDRAN FOR R1 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 6/8/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: A.K.BASHEER & P.Q.BARKATH ALI, JJ. - - - - - - - - - - - - - - - - - - - - - M.A.C.A.No.1661 OF 2007 - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 6th day of August, 2010 JUDGMENT Basheer, J. Today, we have allowed the review petition filed by the appellants by a separate order in R.P.No.516/2008. 2. The appeal was dismissed by this court by judgment dated October 4, 2007 noticing the fact that the appellants had failed to adduce any evidence to show that the accident was caused by the stage carriage bearing Reg.No.KL-11-G-1211. But Annexure A, the final report submitted by the police before the Criminal Court concerned, will prima facie show the involvement of the above said vehicle in the accident. However, we refrain from making any further comment on this aspect in view of the order that we propose to pass. 3. The claim petition was dismissed only for the reason that the appellant did not establish that the deceased was knocked down by the stage carriage bearing Reg.No. KL-11-G-1211. The Tribunal had adverted to the documentary evidence available on record on this aspect. It was found that the evidence was insufficient to hold that the MACA.No.1661/2007 2 accident was caused by the said vehicle. 4. But having perused Annexure A, we are prima facie satisfied that the appellants have to be given another opportunity to adduce further evidence in the matter ; but of course on terms. We make it clear that it will be open to the Tribunal to consider the entire matter afresh in the light of the materials that are available on record already, and also the additional materials, if any, that may be produced by the parties. 5. Therefore, the impugned award is set aside. The Tribunal shall dispose of the matter as expeditiously as possible, at any rate within three months from the date of receipt o f a copy of this judgment. However, it is made clear that the appellants shall not be entitled to get interest on the amount of compensation, if any, that may be awarded to them ultimately, for the period from the date of dismissal of the appeal till today. 6. Appellants shall pay a sum of Rs.5,000/- as cost payable to the Insurance Company before the Tribunal. Cost shall be deposited within one month from today. MACA.No.1661/2007 3 The parties shall appear before the Tribunal on August 20, 2010. A.K.BASHEER, JUDGE P.Q.BARKATH ALI, JUDGE sv. MACA.No.1661/2007 4