IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN MONDAY, THE 9TH JUNE 2008 / 19TH JYAISHTA 1930 MACA.No. 228 of 2007() --------------------------------- OPMV.755/2001 of MOTOR ACCIDENT CLAIMS TRIBUNAL, KOZHIKODE .................... APPELLANT/PETITIONER ------------------- C.M.RATNAKARAN, S/O.KANARAN, CHRUKUDY MATTUVAYAL, ELATHUR AMSOM DESOM, ELATHUR P.O., KOZHIKODE. BY ADV. SRI.K.PRAVEEN KUMAR RESPONDENTS: RESPONDENTS ------------------------ 1. T.R.BALAKRISHNAN, S/O.RAMAN NAIR, THONGUM THOTTATHIL HOUSE, H NO.C-176, NEAR ANCHUKANDY RICE MILL, KANNUR POST. 2. A.K.VASU, S/O.KRISHNAN, 177/A AYILEKARA AMSOM, BARANASSERY DESOM, KANNUR. 3. THE UNITED INDIA INSURANCE CO LTD., FORT ROAD, KANNUR. BY ADV. SRI.V.RAMKUMAR NAMBIAR - R2 SRI.A.A.MOHAMMED NAZIR - R3 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 09/06/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: M.N.KRISHNAN, J. -------------------------- M.A.C.A. No. 228 OF 2007 --------------------- Dated this the 9th day of June, 2008 JUDGMENT Service to R1 not complete on account of his death. As the matter requires fresh consideration at the hands of the court below with a direction to the claimant to implead the legal representatives of the deceased R1 before that court, I proceed to dispose of the appeal herein. It is submitted that the vehicle was damaged and he had sustained various injuries in the road accident. The Tribunal dismissed the case summarily holding that the petitioner himself was negligent. It is a collision between two vehicles. Necessarily the evidence has to be adduced before the Motor Accident Claims Tribunal. Filing of a charge sheet by the police will not be a final word on the question of negligence. It is also well settled that even a finding of the criminal court is not binding on the Motor Accident Claims Tribunal. So these principles have to be borne in mind before throwing out the claim. Therefore I feel this is a fit case where an opportunity has to be given to the claimant to prove the factum of negligence. MACA No.228/07 2 Therefore the order under challenge is set aside and the matter is remitted back to the Tribunal for fresh consideration permitting all parties concerned to produce documentary as well as to adduce oral evidence in support of their respective contentions. I further make it clear that the appellant herein has to take steps to implead the legal representatives of the deceased R1 before proceeding further in the case. Parties are directed to appear before the court below on 23.7.08. M.N.KRISHNAN, JUDGE vps