IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR FRIDAY, THE 13TH MARCH 2009 / 22ND PHALGUNA 1930 MACA.No. 699 of 2007() ---------------------- OPMV.29/1994 of MOTOR ACCIDENT CLAIMS TRIBUNAL, PATHANAMTHITTA .................... APPELLANTS/CLAIMANTS --------------------------------- 1. T.P.VANAJAKSHY, W/O. LATE GOPINATHAN NAIR, KURUMBOOLIVILAYIL HOUSE, KURUMBALA VILLAGE, IRINGOL, PERUMBAVOOR, ERNAKULAM DISTRICT. 2. KARTHIKNATH, AGED 13 YEARS, S/O.LATE GOPINATHAN NAIR, REPRESENTED BY MOTHER GUARDIAN, T.P.VANAJAKSHY, DO. 3. ASHANATH, AGED 11 YEARS, D/O.LATE GOPINATHAN NAIR, REPRESENTED BY MOTHER GUARDIAN, T.P.VANAJAKSHY, DO. BY ADV. MR. N.SUBRAMANIAM MR. M.S.NARAYANAN RESPONDENT(S): RESPONDENTS -------------------------- 1. BALAKRISHNAN, S/O.PARUKUTTY, KIZHAKKETHIL VEEDU, PUTHUSSERY BHAGOM, P.O.ADOOR, PATHANAMTHITTA DISTRICT-691 579. 2. KERALA STATE ROAD TRANSPORT CORPORATION (KSRTC), REPRESENTED BY ITS GENERAL MANAGER, THIRUVANANTHAPURAM. ADV. MR. JOHNSON P.JOHN, SC, KSRTC FOR R2 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING COME UP FOR ADMISSION ON 13/03/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: M. SASIDHARAN NAMBIAR, J. ------------------------------------------------- M.A.C.A. No.699 OF 2007 -------------------------------------------------- Dated this the 13th day of March, 2009 J U D G M E N T Appellants are the legal heirs of the petitioner in O.P. (MV) 29 of 1994 on the file of Motor Accident Claims Tribunal, Pathanamthitta. Appeal was filed by them as the original petitioner died subsequent to the disposal of the O.P. on 15.10.2003. O.P.(MV) 29 of 1994 was dismissed on 6.9.2003 for the reason that petitioner did not adduce evidence to prove the negligence on the part of second respondent, driver of the K.S.R.T.C. bus. Appellants contended that petitioner was admitted in Janardana Maternity and Nursing Home, Kasargod on 1.9.2003 and was later shifted to Amritha Institute of Medical Sciences and Research Centre, Ernakulam and was discharged only on 6.9.2003 and even thereafter he was laid up till his death and for that reason he could not appear and adduce evidence before the M.A.C.T. 2. Learned counsel appearing for respondents submitted that if an opportunity is to be granted, the case may be MACA.699/2007-B 2 remanded to the Motor Accident Claims Tribunal. 3. Considering the fact that when the O.P.(MV) was dismissed for failure to adduce evidence, deceased petitioner was laid up and was under treatment in a nursing home at Kasargod and then at Amritha Hospital, Ernakulam and later he succumbed to the illness, in the interest of justice, an opportunity is to be granted to the legal heirs of the claimant to prove the case. In such circumstances appeal is allowed and the order in O.P.(MV) 29 of 1994 is set aside. The O.P.(MV) is restored to file and is remanded to Motor Accident Claims Tribunal, Pathanamthitta for fresh disposal in accordance with law. Appellants and respondents are directed to appear before Motor Accident Claims Tribunal, Pathanamthitta on 19.5.2009. M. SASIDHARAN NAMBIAR, JUDGE okb