IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN FRIDAY, THE 19TH SEPTEMBER 2008 / 28TH BHADRA 1930 MACA.No. 995 of 2008(F) ------------------------ OPMV.305/2005 MOTOR ACCIDENT CLAIMS TRIBUNAL, THODUPUZHA .................... APPELLANT/3RD RESPONDENT ----------------------------------------- NATIONAL INSURANCE COMPANY LIMITED, DIVISIONAL OFFICE, TIRUNITHURA POST, ERNAKULAM DISTRICT. BY ADV. SRI.RAJAN P.KALIYATH RESPONDENT:/CLAIMANT -------------------------------- ROY MATHEW @ LUKOSE, S/O. JOY, AGED 36 YEARS, AKKATHAKKATHIL HOUSE, ROHIT ESTATE, CHAPPATHU KARA, AYYAPPANKOVIL VILLAGE, UDUMBANCHOLA TALUK. BY ADV. SRI.S.SACHITHANANDA PAI FOR R1 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 19/09/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: M.N. KRISHNAN, J. = = = = = = = = = = = = = = M.A.C.A. NO. 995 OF 2008 = = = = = = = = = = = = = = = Dated this the 19th day of September, 2008. J U D G M E N T This appeal is preferred against the award of the Motor Accidents Claims Tribunal, Thodupuzha in O.P.(MV)305/05. The claimant was the driver of the jeep which was involved in the accident. It collided with a bus resulting in injuries to him and others. The Tribunal found negligence on the driver of the bus and it is against that decision the insurance company has come up in appeal. 2. Learned counsel for the insurance company would contend before me that the bus was proceeding from east to west, i.e., Kattkappana to Kuttikkanam and the jeep was proceeding in the opposite direction. So the correct side of the bus was southern side and that of the jeep was northern side. As per the scene mahazar the total width of the road is 5.6 meters and the accident had taken place 87 cms. north from the southern tarred end. The Tribunal did not attach much importance to the place of accident for the reason the M.A.C.A. 995 OF 2008 -:2:- direction in which the vehicles were proceeding is not disclosed from the reading of the evidence on record. But the fact remains otherwise. Therefore it requires reconsideration at the hands of the Tribunal. Just because a vehicle happens to be on the wrong side one cannot jump to the conclusion regarding the total negligence and therefore both parties must be given opportunity to explain the reason for the accident in order to find out the negligence. Therefore the award under challenge is set aside so far as it relates to the question of negligence is concerned and the matter is remitted back to the Tribunal for fresh consideration after affording equal opportunities to both sides to adduce evidence in support of their respective contentions. Parties are directed to appear before the Tribunal on 5.11.08. The Tribunal shall endeavor to dispose of the matter within two months from the date of first appearance of the parties. The MACA is disposed of accordingly. M.N. KRISHNAN, JUDGE. ul/-