IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE A.K.BASHEER & THE HONOURABLE MR. JUSTICE P.Q.BARKATH ALI MONDAY, THE 7TH JUNE 2010 / 17TH JYAISTHA 1932 MACA.No. 1873 of 2008() ----------------------- OPMV.677/2002 of MOTOR ACCIDENT CLAIMS TRIBUNAL, TRIVANDRUM .................... APPELLANT(S): 3D RESPONDENT: --------------------------------------------------- MURUGAN ASSARI, S/O.NATARAJAN ASSARI, MITRAVILAKOM, CHANGA, ARYANADU PO., THIRUVANANTHAPURAM. BY ADVS. SRI.RAM MOHAN.G., SRI.G.P.SHINOD, SRI.MANU V. RESPONDENT(S): APPLICANTS 1 TO 4/RESPONDENTS 1,2,4 AND ADDL. 5TH RESPONDENT: -------------------------------------------------------------- 1. GEORGE VARGHESE, S/O.OOMMAN VARGHESE, KALATHOOR VEEDU, TC.11/1735, PLOT.NO.28,TILAK NAGAR, PAROTTUKONAM, NALANCHIRA PO., THIRUVANANTHAPURAM. 2. SUMAM GEORGE, W/O.GEORGE VARGHESE, KALATHOOR VEEDU, TC.11/1735, PLOT 28, TILAK NAGAR, PAROTTUKONAM, NALANCHIRA PO., THIRUVANANTHAPURAM. 3. SUNIL GEORGE, S/O.GEORGE VARGHESE, KALATHOOR VEEDU, TC 11/1735, PLOT NO.28, TILAK NAGAR, PAROTTUKONAM, NALANCHIRA P.O., THIRUVANANTHAPURAM. 4. ANIL GEORGE, S/O.GEORGE VARGHESE,KALATHOOR VEEDU, TC 11/1735, PLOT NO.28, TILAK NAGAR, PAROTTUKONAM, NALANCHIRA P.O., THIRUVANANTHAPURAM. 5. SANAL SINGH, S/O.GOPI, HOUSE NO.XII/167, THALIKKADU VEEDU, NEAR P&E QUARTERS, NALANCHIRA PO., THIRUVANANTHAPURAM. Kss ..2/- ..2.... MACA NO.1873/2008 6. M/S.UNITED INDIA INSURANCE CO.LTD., DIVISONAL OFFICE NO.I1, MALANKARA BUILDING, PALAYAM, THIRUVANANTHAPURAM. 7. BABY, S/O.KOLAPPAN, NARANGA VILA VEEDU, VAYALARIKOM, ULLOOR, MEDICAL COLLEGE PO., THIRUVANANTHAPURAM. 8. K.MOHANAN NAIR, T.C.28/1528, THAKARAPARAMBU, FORT PO., THIRUVANANTHAPURAM. R1 BY ADV.SRI.NAGARAJ NARAYANAN R8 BY ADVS. SRI.SUMAN CHAKRAVARTHY, SMT.K.R.RIJA. THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING COME UP FOR ADMISSION ON 07/06/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss A.K.BASHEER & P.Q.BARKATH ALI, JJ. =~=~=~=~=~=~=~=~=~=~=~=~=~=~=~=~= M.A.C.A. No. 1873 of 2008 =~=~=~=~=~=~=~=~=~=~=~=~=~=~=~=~= Dated this the 7th day of June, 2010 JUDGMENT Basheer, J. This appeal is directed against the award passed on a petition filed by respondents 1 to 4, claiming a sum of Rs.6,49,5000/- as compensation for the death of one Sanal George in a road traffic accident on September 6, 2000. The Tribunal, after considering the documentary evidence adduced by the parties, found that the claimants were entitled to get a total sum of Rs.1,32,500/- as compensation from respondents 3 and 5 in the claim petition. 2. Appellant is respondent No.3 in the claim petition. The Tribunal found that going by the evidence available on record, the appellant, who was the registered owner of the offending scooter bearing registration No.KEV 8387, was liable to pay the compensation to the claimants. Respondent No.5 in the claim petition was also held liable on the basis of the plea made by the appellant that he had transferred MACA 1873/2008 2 the said vehicle to the latter even before the accident. The Insurance Company was exonerated from the liability, as admittedly there was no valid insurance coverage in respect of the vehicle. 3. Though notice was issued by the Tribunal to respondent No.1, he did not choose to contest the case and remained absent. Therefore, he was set ex parte. 4. It is contended by the appellant that the Tribunal committed a serious illegality in failing to consider the two documents produced by him along with his written statement. These documents would reveal that the offending vehicle had been transferred by him way back on November 3, 1997. In fact the vehicle was purchased by M/s.Kulanthunkal Motors and later it was transferred to respondent No.5. The document will further show that respondent No.5 had taken delivery of the vehicle on November 3, 1997. This document bears his signature also. 5. But, admittedly the appellant did not adduce any evidence in support of the above contention. The documents MACA 1873/2008 3 referred to above were never admitted and marked in evidence. Therefore, we do not find any illegality or irregularity in the finding entered by the Tribunal. 6. However, the learned counsel points out that the fact remains that the offending vehicle stood transferred in the name of respondent No.5 long before the accident took place. Therefore, it may be unjust to fasten the liability on the appellant. Learned counsel further submits that the appellant is prepared to adduce evidence in support of his case. Though notice has been served on respondents 1 to 4 (claimants before the Tribunal), they have not appeared either in person or through counsel. 7. Respondents No.5 before the Tribunal (Respondent No.8 herein), the alleged transferee/owner, has appeared through counsel. It is contended on his behalf that the entire burden is on the appellant to substantiate that the vehicle had been transferred in the name of respondent No.5 even prior to the incident. 8. Having regard to the entire facts and MACA 1873/2008 4 circumstances of the case, we are of the view that the appellant can be granted an opportunity to adduce further evidence, but of course on payment of a sum of Rs.10,000/- as costs to the claimants. 9. Therefore, the appeal is allowed and the impugned award is set aside on condition that the appellant deposits a sum of Rs.10,000/- before the Tribunal within two weeks from today. On such deposit being made, the Tribunal shall consider the question whether it is the appellant or respondent No.8 herein, who is liable to pay the compensation. The appellant and respondent No.8 shall be afforded sufficient opportunity to adduce further evidence. Cost of Rs.10,000/-, shall be released to the claimants. 10. The Tribunal shall dispose of the matter as expeditiously as possible, at any rate within three months from the date of receipt of a copy of this judgment. The appeal is disposed of in the above terms. The Registry shall send back the lower court records forthwith. MACA 1873/2008 5 The parties shall appear before the Tribunal on July 15, 2010. A.K.BASHEER, JUDGE. P.Q.BARKATH ALI, JUDGE. mn.