IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE J.B.KOSHY & THE HONOURABLE MRS. JUSTICE K.HEMA MONDAY, THE 7TH JANUARY 2008 / 17TH POUSHA 1929 MACA.No. 831 of 2007 ------------------------------ OP(MV)499/1999 OF MOTOR ACCIDENT CLAIMS TRIBUNAL, ERNAKULAM ...................................... APPELLANT/PETITIONER ------------------------------------ UTHIRAPATHY, AGED 58 YEARS, S/O. KALUVAYYAN,JAULI STREET,NORTH OF MARIYAMMAN KOVIL, KULAMANGALAM DESOM,KULAMANGALAM VILLAGE,THANJAVOOR DISTRICT. BY ADV. SRI.ANIL S.RAJ SMT.MANJUSHA MOHANDAS SMT.ANILA PETER RESPONDENTS: RESPONDENTS ----------------------------------------------- 1. T.A.SEBASTIAN,S/O.ANTONY,THEKKEN HOUSE, NEAR VILLAGE OFFICE,KURICHILAKODE,KADANAD P.O., (VIA) PERUMBAVOOR. 2. THE ORIENTAL INSURANCE COMPANY LIMITED, RAILWAY SATATION ROAD,ALWAYE. ADV. SRI.T.M.RAMAN KARTHA – R1 ADV. SRI.VPK.PANICKER -- R2 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING COME UP FOR ADMISSION ON 07/01/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: J.B.KOSHY & K.HEMA, JJ. -------------------------------------- M.A.C.A.No.831 OF 2007 & Cross Objection No.59 of 2007 ------------------------------------- Dated 7th January, 2008 JUDGMENT Koshy,J . Appellant/claimant met with an accident and sustained severe injuries. While he was walking through the eastern side of the road, a motor cycle ridden by the first respondent knocked him down and the accident occurred due to the negligence of the first respondent. He claimed a compensation of Rs.3,00,000/=. Tribunal awarded a total compensation of Rs.37,450/= even though it was found that first respondent was responsible for the accident. The Tribunal also found that there was violation of policy conditions as there was no proper driving licence. Only quantum of compensation is challenged in this appeal. 2. First respondent filed cross objection No.59 of 2007 contending that notice was not served on him and, therefore, he was not able to contest the case properly. It is submitted that he was having a valid learner's licence and he was riding the motor cycle as per rules. It is also submitted that if he was found to be negligent, insurance company is liable to indemnify him as he was having valid insurance policy MACA.831/07 & C.O.59/07 2 covering the motor cycle. According to him, he has shifted his residence from Kodanadu to Alwaye and that is why notice was not served on him. Taking into account all these facts, we set side the award and remand the matter for fresh consideration. Tribunal is directed to re-consider the matter afresh except the finding on negligence which has become final. Since notice was taken in the appeal by the insurance company and all other parties concerned, they are directed to take notice g and the case will be called by the Tribunal on 17.3.2008. Parties to appear on that day. Both the appeal and cross objection are disposed of accordingly. J.B.KOSHY JUDGE K.HEMA JUDGE tks