IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN WEDNESDAY, THE 23RD SEPTEMBER 2009 / 1ST ASWINA 1931 MACA.No. 2622 of 2008() ---------------------------------- OPMV.3273/2001 of PRL. MOTOR ACCIDENT CLAIMS TRIBUNAL, KOZHIKODE .................... APPELLANT/PETITIONER IN OPMV -------------------------------------------------- KOTTIKUTTY, W/O.KUNHIKOTTAN, AGED 79 YEARS, RESIDING AT CHERUSSERY HOUSE, P.O.CHELEMBRA, IDIMOOZHIKKAL, MALAPPURAM. BY ADV. SMT.LATHA PRABHAKARAN MR.K.M.JAMALUDHEEN RESPONDENTS/RESPONDENTS IN O.P.(MV): ---------------------------------------------------------------- 1. P. MURALEEDHARAN, RESIDING AT PAKARATH HOUSE, P.O. THRIPPANACHI, KUZHIMANNA (VIA), MALAPPURAM. 2. THE NEW INDIA ASSURANCE COMPANY LIMITED, SILVER PLAZA BUILDING, INDIRA GANDHI ROAD, KOZIKODE. SUPP.3. P. GOPALAKRISHNAN, 'GOPIKA, CHEMPUNKANDY PARAMBA, CHALAPPURAM, P.O. KALLAI ROAD, KOZHIKODE. R1 BY ADV. MR.E.NARAYANAN. R2 BY ADV. SMT.P.K.SANTHAMMA . R3 BY ADV. MR.R.SUDHISH, SMT.M.MANJU . THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 23/09/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: rs. M.N. KRISHNAN, J. = = = = = = = = = = = = = = M.A.C.A. NO. 2622 OF 2008 = = = = = = = = = = = = = = = Dated this the 23rd day of September, 2009. J U D G M E N T This appeal is preferred against the award of the Motor Accidents Claims Tribunal, Kozhikode in O.P.(MV)3273/01. The claimant, a 72 year old lady sustained injuries in a road accident. The Tribunal has dismissed the application on the ground that the driver is not impleaded, charge sheet is not produced and ownership is not established and therefore it cannot be entertained. There is laches on the part of the parties. I do not want to elaborate but the victim is a 72 year old poor lady and she had sustained injuries. She must be entitled to get compensation from the person responsible for that. The claimant though belatedly moved in the right direction to rectify the mistake but then the Tribunal stood in the way by dismissing that application. So the question who is the driver and who is the owner and whether there is insurance and what is the compensation the claimant is entitled to are all matters which requires reconsideration at M.A.C.A. 2622 OF 2008 -:2:- the hands of the court below. Therefore the award under challenge is set aside and the matter is remitted back to the Tribunal with liberty to all concerned to produce documentary as well as the oral evidence in support of their respective contentions and the claimant is also at liberty to implead Sivaprasad for the reason that his junction is absolutely necessary. Parties are directed to appear before the Tribunal on 17.11.2009. M.N. KRISHNAN, JUDGE. ul/-