IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE J.B.KOSHY & THE HONOURABLE MR. JUSTICE K.PADMANABHAN NAIR TUESDAY, THE 5TH FEBRUARY 2008 / 16TH MAGHA 1929 MACA.No. 158 of 2008() ---------------------- AGAINST THE ORDER DATED 31/07/2006 IN IA.1352/2005 IN OPMV.1469/2004 of MOTOR ACCIDENT CLAIMS TRIBUNAL, THALASSERY .................... APPELLANTS/PETITIONERS: --------------------------------------- 1. P.NANI, W/O.VISWANATHAN, SARAYU HOUSE, DHARMADAM AMSOM DESOM, DHARMADAM P.O., KANNUR DISTRICT. 2. K.SHEEBA, D/O.VISWANATHAN, SARAYU HOUSE, DHARMADAM AMSOM DESOM, DHARMADAM P.O. KANNUR DISTRICT. 3. K.SUMESH, S/O.VISWANATHAN, SARAYU HOUSE, DHARMADAM AMSOM DESOM, DHARMADAM P.O., KANNUR DISTRICT. BY ADV. SRI.M.SASINDRAN SRI.M.V.BIPIN RESPONDENTS/RESPONDENTS: ------------------------ 1. PRASUN BABA VALLACHAL, S/O.PRAKASAN, 'VASUDEV', KADAMBOOR VILLAGE, ADOOR DESOM, KADACHIRA P.O. 2. P.MURALEEDHARAN, S/O.NARAYANAN, MANAGING PARTNER, MANJOO COMPANY, MUNICIPAL BUS STAND, KANNUR. 3. UNITED INDIA INSURANCE CO.LTD., CHOVVA BRANCH, KALTEX JUNCTION, KANNUR. 4. V.PRAKASAN, S/O.SANKARAN, VASUDEVOM' KADAMBOOR AMSOM, ADOOR DESOM, KANNUR DISTRICT. BY THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 05/02/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: J.B.KOSHY & K.HEMA, JJ. ------------------------------- M.A.C.A.NO.158 OF 2008 (D) ----------------------------------- Dated this the 5th day of February, 2008 J U D G M E N T KOSHY,J. This appeal is filed against an interim order passed by the Motor Accidents Claims Tribunal, Thalassery, rejecting an application filed under Section 140 on the basis of nonavailability of documents or evidence as there is dispute regarding the ownership of the vehicle. According to the appellant, registration certificate particulars were furnished. The application was filed as early as in 2004. We are of the opinion that main application itself should be disposed of on merits. Registered owner of the vehicle and its insurer, if any, on the date of accident is liable to pay compensation for 3rd parties as it is a statutory liability. Tribunal can also summon registration particulars from the authorities. With regard to the real ownership and other materials, both sides can adduce evidence before the tribunal. In the above MACA.158/2008 2 circumstances, we are of the opinion that tribunal may decide the case on merits untrammeled by the observations in the interim order as expeditiously as possible, and in any event, within three months from the date of receipt of copy of this judgment. Even though notice was served on the delay petition, there was no appearance. In the above circumstances, the tribunal may issue notice to the Advocates, who were appearing for the respondents in this appeal before the tribunal. Parties may appear before the tribunal on 24.3.2008. Appeal allowed by way of remand. J.B.KOSHY, JUDGE K.HEMA, JUDGE prp J.B.KOSHY & K.HEMA, JJ. -------------------------------------------------------- M.F.A.NO. OF 2006 () --------------------------------------------------------- J U D G M E N T --------------------------------------------------------- 1st January, 2008