IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE A.K.BASHEER & THE HONOURABLE MR. JUSTICE P.Q.BARKATH ALI TUESDAY, THE 11TH JANUARY 2011 / 21ST POUSHA 1932 MACA.No. 1263 of 2006() ----------------------------- (O.P.(MV) NO.1003/2000 OF MOTOR ACCIDENT CLAIMS TRIBUNAL, IRINJALAKUDA) ........ APPELLANT(S):5TH RESPONDENT --------------------------------------- THE BRANCH MANAGER, THE ORIENTAL INSURANCE COMPANY LIMITED, KODUNGALLUR NOW REPRESENTED BY ITS ASSISTANT MANAGER REGIONAL OFFICE, METRO PALACE, KOCHI-18. BY ADV. SRI.MATHEWS JACOB, SENIOR ADVOCATE RESPONDENT(S): PETITIONER AND RESPONDENTS 3 & 4. ------------------------------------------------------------------- 1. SURESH, S/O. KOCHAKKU, VILAPARAMBIL HOUSE, KARUMATHRA P.O., PUTHENCHIRA, THRISSUR DISTRICT. 2. SUJITH M.S., S/O. SAKTHAN, MEKKATTUKATTIL HOUSE, KARUMATHRA VILLAGE, PUTHENCHIRA, THRISSUR DISTRICT. 3. P.N. SUKUMARAN, MOHANA NIVAS, EAST DESOM, ALUVA. R3 BY ADV. SRI.M.H.HANIL KUMAR THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 11/01/2011, ALONG WITH MACA.No.1362/2006 THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: svs A.K.BASHEER & P.Q.BARKATH ALI, JJ. ------------------------------------------------- M.A.C.A. Nos. 1263 & 1362 of 2006 --------------------------------------- Dated this the 11th day of January, 2011. J U D G M E N T A.K.BASHEER , J. These two appeals arise from a common award passed by the Motor Accidents Claims Tribunal in three claim petitions filed by the rider and two pillion riders, who were admittedly being carried on the motor cycle which collided with a car coming from the opposite direction. 2. The Tribunal dismissed the claim petition filed by the rider of the two wheeler holding that he was responsible for the accident, while the claim petitions filed by the two pillion riders were allowed and appellant/insurer of the two wheeler was directed to indemnify the owner thereof. 3. Sri.Mathews Jacob, learned Senior Counsel, who appears for the common appellant submits that the findings entered by the Tribunal that the accident occurred due to the negligence of the rider of the two wheeler is manifestly illegal and unsustainable since the police had charge sheeted the driver of the car. The police records clearly revealed that the driver of the car was negligent. However, the Tribunal proceeded to hold that M.A.C.A. Nos. 1263 & 1362 of 2006 2 the rider of the two wheeler was negligent even in the absence of any iota of evidence or cogent material on record to show that the rider of the two wheeler was negligent. More importantly, the driver/owner or the insurer of the car did not bother to appear and contest the case. 4. It is further contended by the learned Senior Counsel that the appellant would not be liable to indemnify the owner since it was only an Act Policy that had been issued in respect of the two wheeler. But this contention was not considered at all by the Tribunal. It is further pointed out by the senior counsel that the rider had carried two pillion riders, which was not only against the statutory provisions but also against the policy conditions. This aspect was also not considered by the Tribunal while passing the impugned award. We do not propose to deal with the above contentions at this stage in view of the order that we propose to pass. 5. There is yet another aspect of the matter. The registered owner of the two wheeler has raised a contention that he had sold the vehicle way back in the year 1993 itself on the strength of a written agreement. Learned counsel submits that M.A.C.A. Nos. 1263 & 1362 of 2006 3 this aspect could not be brought to the notice of the Tribunal since the owner failed to appear and contest the case. Yet again we refrain from making any observation on this aspect. 6. Keeping in view all the above facts and circumstances, we are satisfied that the impugned award is liable to be set aside. We do so. The Tribunal shall re-consider the matter and pass a fresh award in accordance with law after affording sufficient opportunity to the parties concerned. The parties shall appear before the Tribunal on 17.02.2011. The Tribunal shall dispose of the case as expeditiously as possible at any rate within four months from the date of receipt of a copy of this judgment. A.K.BASHEER, JUDGE. P.Q.BARKATHALI, JUDGE. dmb