IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT & THE HONOURABLE MR. JUSTICE P.R.RAMACHANDRA MENON FRIDAY, THE 13TH FEBRUARY 2009 / 24TH MAGHA 1930 MACA.No. 264 of 2007() ---------------------- OPMV.655/2004 of MOTOR ACCIDENT CLAIMS TRIBUNAL, KASARAGOD .................... APPELLANT(S): APPELLANT/1ST RESPONDENT: --------------------------------------- KORAGAPPA, AGED 43 YEARS, S/O. AMMU POOJARY, PALLAROM HOUSE, PANAYAL VILLAGE & POST, HOSDURG TALUK. BY ADV. SRI.M.SASINDRAN SRI.M.V.BIPIN RESPONDENT(S): CLAIMANT & RESPONDENTS 2 & 3: -------------------------------------------- 1. A. MADHU, AGED 28 YEARS, S/O. CHINDAN, RESIDING AT VALIYAVALAPPU HOUSE, PANAYAL P.O., PANAYAL VILLAGE HOSDURG TALUK, KASARGOD DISTRICT. 2. N.K. CHANDRA SHOBHA, D/O. P.N.RAMACHANDRAN, `SHARADA', MANGATPARAMB, P.O. KALLIASSERY, KANNUR DISTRICT. 3. THE MANAGER, ORIENTAL INSURANCE CO. LTD., BRANCH OFFICE, MARIINE SHOPPING CENTRE, N.H., TALIPARAMBA, KANNUR DISTRICT. ADV. SRI.SUNIL NAIR PALAKKAT FOR R2 SRI.K.N.ABHILASH FOR R2 SMT.R.LEELA FOR R2 SRI.T.SETHUMADHAVAN(B/O) FOR R1 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 13/02/2009, ALONG WITH MACA NO. 2686 OF 2007 & MACA NO. 269 OF 2007 THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: R.BASANT & P.R.RAMACHANDRA MENON, JJ. ------------------------------------ M.A.C.A. Nos.264, 269 & 286 of 2007 ------------------------------------- Dated this the 13th day of February, 2009 JUDGMENT R.BASANT, J. 4 O.P.M.Vs were disposed of by the Tribunal under the impugned common award. 2 of them have already been remanded for fresh consideration by the Tribunal as per the common judgment dated 30.06.2008 in M.A.C.A Nos.325 and 602 of 2007 by the learned Single Judge. The 3rd claimant has filed M.A.C.A No.286 of 2007 for enhancement of the compensation award. The common 1st respondent-driver, who has been mulcted with the liability along with the owner, has filed M.A.C.A Nos.269 and 264 of 2007 assailing the directions in 2 claims as per the impugned common award inasmuch as it mulcts him with liability. 2. After discussions at the Bar, it is agreed that these cases can also be remanded for fresh disposal by the Tribunal along with O.P.M.V Nos.586 and 587 of 2004. The claimants/respondents shall be given opportunity to adduce further evidence as it is submitted that they want to adduce M.A.C.A.Nos.264, 269 & 286 of 2007 2 evidence on the question whether the injured passengers who were travelling in the vehicle were travelling in the vehicle as representatives of the owner of the goods carriage or as gratuitous passengers. The insurance company also wants opportunity to adduce evidence to resolve the question whether any additional premium was paid in respect of the claimants. The insurance company appears to have a case that the claimants in these cases were not passengers accompanying the goods as representatives of the owner of the vehicle. We are satisfied that the request for remand can be allowed. The Tribunal shall dispose of all the 4 cases afresh together after giving the parties opportunity to adduce all such relevant evidence which they want to adduce. 3. In the result: a) These appeals are allowed; b) The impugned common award in respect of these 2 O.P.M.Vs is set aside and the Tribunal is directed to dispose of all the 4 cases afresh after giving the parties opportunity to adduce evidence; c) The parties are directed to appear before the Tribunal on 31.03.2009; M.A.C.A.Nos.264, 269 & 286 of 2007 3 d) The Tribunal shall dispose of all the 4 cases afresh as expeditiously as possible - at any rate, within a period of 3 months from 31.03.2009. (R.BASANT, JUDGE) (P.R.RAMACHANDRA MENON, JUDGE) rtr/-