IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE A.K.BASHEER & THE HONOURABLE MR. JUSTICE P.Q.BARKATH ALI FRIDAY, THE 19TH FEBRUARY 2010 / 30TH MAGHA 1931 MACA.No. 2100 of 2008() ----------------------- OPMV.33/1997 of MOTOR ACCIDENT CLAIMS TRIBUNAL, PERUMBAVOOR .................... APPELLANT/PETITIONER:- ------------------------------------ ABLE JOY (BABY SHEEBA)MINOR, S/O A.V. JOY, AGED 13 YEARS, AREECKAL HOUSE, MEKKAD P.O., REPRESENTED BY HIS FATHER AND NEXT FRIEND A.V. JOY, S/O LATE VAREED, AGED 49 YEARS, AREECKAL HOUSE, MEKKAD P.O. BY ADV. SRI.JOE JOSEPH KOCHIKUNNEL RESPONDENT(S): RESPONDENTS --------------- 1. K.P. BABY, S/O POULOSE KOORANPLANKUDY HOUSE, KARAYAMPARAMBIL ANGAMALY. 2. JOJU JOSEPH P, S/O JOSEPH, PULIKKOTTIL HOUSE, PAZHUVIL P.O., PIN 680 564, TRICHUR. 3. THE ORIENTAL INSURANCE CO.LTD., TRICHUR. 4. THE ORIENTAL INSURANCE CO.LTD., BRANCH OFFICE, ANGAMALY. 5. V.P. MARTIN, S/O V.C. POULOSE, VADAKENADATH HOUSE, NAYATHODE P.O. THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 19/02/2010 ALONG WITH MACA NO. 2101 OF 2008 AND CONNECTED CASES, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: A.K. BASHEER & P.Q. BARKATH ALI, JJ. ------------------------------------------------------ M.A.C.A.2100, 2101, 2102, 2103, 2197, 2460, 3095 & 3096 of 2008 ------------------------------------------------------ Dated: FEBRUARY 19, 2010 JUDGMENT Basheer, J. These appeals are being disposed of by this common judgment since they arise from a common award passed by the Motor Accidents Claims Tribunal, Perumbavoor. 2. The Tribunal dismissed all the eight claim petitions holding that they were not maintainable since compensation was claimed invoking both sections 163A and 166 of the Motor Vehicles Act. 3. But as rightly pointed out by the learned counsel for the appellants, the Tribunal ought to have given an opportunity to the appellants/claimants to prosecute their respective claim petitions under any one of the two sections referred to above. Since such an option was not given, we are of the view that the awards passed by the Tribunal are liable to be set aside. We do so. 4. The cases are remanded to the Tribunal for fresh disposal in accordance with law. The Tribunal shall give opportunity to the claimants to amend the petitions or exercise the option, if they choose M.A.C.A.2100, 2101, 2102, 2103, 2197, 2460, 3095 & 3096 of 2008 2 to do so. Fresh notice shall be issued to the respondents in all cases. The appellants shall appear before the Tribunal on March 17, 2010. A.K. BASHEER, JUDGE P.Q. BARKATH ALI, JUDGE mt/-