IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE J.B.KOSHY & THE HONOURABLE MR. JUSTICE K.T.SANKARAN TUESDAY, THE 18TH MARCH 2008 / 28TH PHALGUNA 1929 MFA.No. 979 of 2002 --------------------- (OPMV.534/1996 of MOTOR ACCIDENT CLAIMS TRIBUNAL, THALASSERY ) APPELLANTS/PETITIONERS: ------------------------------------------- 1. KUNHIKUTTY, S/O.ONAKKAN, 75 YEARS, PODUVALKANDIYIL, THRIPANGATTUR AMSOM, KADAVATHOOR DESOM, P.O.KALLIKANDY, KANNUR DISTRICT (DIED) SUPPL. 2.. P.K.KALLYANI, W/O.KUNHIKUTTY, 68 YEARS, PODUVALKANDY, P.O.KALLIKANDY, KANNUR. 3. P.K.NANU, S/O.KUNHUKUTTY, 50 YEARS, PODUVALKANDY, P.O.KOLLIKANDY, KANNUR. 4. P.K.BALAN, S/O.KUNHUKUTTY, 45 YEARS, PODUVALKANDY, P.O., KOLLIKANDY, KANNUR. 5. P.K.KUMARAN, S/O.KUNHUKUTTY, 42 YEARS, PODUVALKANDY, P.O.KOLLIKANDY, KANNUR. BY ADV. SRI.SARVOTHAMAN RESPONDENTS/RESPONDENTS: ----------------------------------------------- 1. V.RAJASEKHARAN, S/O. BALAN NAIR, KAYYALAVALAPPIL, PINARAYI P.O. 2. M.C.SASIDHARAN, S/O.BALAN, KAPPIL HOUSE, P.O. PINARYI. 3. THE UNITED INDIA INSURANCE CO LTD., KANNUR R2 BY ADV. SRI.V.RAJAGOPAL R3 BY ADV. SRI.A.R.GEORGE THIS MISC. FIRST APPEAL HAVING BEEN FINALLY HEARD ON 18/03/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: J.B. KOSHY & K.T. SANKARAN, JJ. ................................................................................... M.F.A.NO. 979 OF 2002 ................................................................................... Dated this the 18th March, 2008 J U D G M E N T Koshy, J.: The first appellant filed an application for compensation of Rs. 1,20,000/- for the damages caused to the building in a motor accident. The Tribunal found that the damages caused to the building was due to the negligence of the driver of the bus (first respondent) insured by the third respondent, Insurance Company. The Advocate Commissioner, who was appointed to assess the damages, assessed the damages at Rs. 23,568/- But the Tribunal was of the opinion that the title of the property was not proved. It was also observed by the Tribunal that the scene mahazar and Commissioner's report does not show that the property is owned earlier by the first appellant. Hence the Tribunal did not assess the compensation. 2. It is the case of the petitioners that nobody else has claimed title over the property. Now the assessment register of the Panchayat is also produced to show that the property to which the damage was caused is under the ownership of the first appellant. It is also submitted that the additional appellants ( who were impleaded as legal heirs of the first appellant) were under the bonafide belief that the first appellant had produced the necessary M.F.A.NO. 979 OF 2002 2 documents to prove his title over the property. 3. In these circumstances, we remand the matter for additional evidence. The finding of the Tribunal that the accident occurred due to the negligence of the driver of the bus (first respondent), insured by the third respondent is not disturbed. But the Tribunal has to find out as to whether the first appellant was originally the owner of the building damaged at the time of the accident and if so, it is for the Tribunal to assesss the compensation payable and award compensation on the basis of evidence available to it. The parties shall appear before the Tribunal on 26.05.2008. Both parties are free to adduce further evidence, if any. The Appeal is disposed of as above. J.B. KOSHY, JUDGE. K.T. SANKARAN, JUDGE. lk M.F.A.NO. 979 OF 2002 3 J.B. KOSHY & K.T. SANKARAN, JJ. ........................................................ M.F.A. No. 979 OF 2002 ......................................................... Dated this the 18th March, 2008 J U D G M E N T