IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN MONDAY, THE 4TH AUGUST 2008 / 13TH SRAVANA 1930 MACA.No. 1086 of 2005(C) -------------------------------- OPMV.446/1999 of MOTOR ACCIDENT CLAIMS TRIBUNAL, IRINJALAKUDA .................... APPELLANT/PETITIONER IN OPMV. ----------------------------------------- SETHUMADHAVAN, S/O.NARAYANAN NAIR, MOOTHEDATH HOUSE, KALLETTUMKARA P.O. MUKUNDAPURAM TALUK, THRISSUR DISTRICT. BY ADV. SRI.P.V.BABY RESPONDENTS: ------------- 1. MANIKANTAN, PULLATH HOUSE, EAST OF HIGH SCHOOL, KARALAM. 2. SANTHOSH, S/O.CHANDRAN, PANAMPARAMBIL HOUSE, KARALAM P.O. 3. THE MANAGER, UNITED INDIA INSURANCE CO.LTD., KURUPPAM ROAD, THRISSUR. 4. A.SUDHAKARAN, ATTUPPURATH HOUSE, MADAYIKONAM. BY ADV. SRI.A.R.GEORGE FOR R3 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 04/08/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: M.N. KRISHNAN, J. = = = = = = = = = = = = = = M.A.C.A. NO. 1086 OF 2005 = = = = = = = = = = = = = = = Dated this the 4th day of August, 2008. J U D G M E N T This appeal is preferred against the award of the Motor Accidents Claims Tribunal, Irinjalakuda in O.P.(MV)446/99. The claimant sustained injuries in a road accident and the case was dismissed on the ground that there is difference in the number of the auto rickshaw shown in the petition as well as in the other documents. The Tribunal referred to various documents and held that no steps were taken to amend the registration number of the auto rickshaw in the petition. I feel a claim petition shall not be dismissed on technical grounds if really it is the vehicle that is involved in the accident. Therefore I am inclined to grant an opportunity and permit the appellant to file an application for amending the claim petition and the Court can consider the same after hearing all concerned and pass necessary orders. Therefore the award under challenge is set aside and the matter is remitted back to the Tribunal for considering the entire M.A.C.A. 1086 OF 2005 -:2:- question afresh after permitting the appellant to amend the claim petition and allowing the respondents to put forward their contentions. Parties are directed to appear before the Tribunal on 5.9.08. The MACA is disposed of accordingly. M.N. KRISHNAN, JUDGE. ul/-