IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN TUESDAY, THE 24TH JUNE 2008 / 3RD ASHADHA 1930 MACA.No. 1310 of 2004(D) ------------------------ OPMV.1158/1993 of ADDL. MOTOR ACCIDENT CLAIMS TRIBUNAL, PALAKKAD .................... APPELLANT/PETITIONER ------------------------------------- P.V.JOSEPH, S/O. VARGHESE, AGED 64 YEARS, PULICKAL HOUSE, MURIKKUMPUZHA, PALA. BY ADV. SRI.P.C.HARIDAS RESPONDENTS/RESPONDENTS ------------------------ 1. THOMAS K.T., KOOTTIYANI, PALA P.O., KOTTAYAM. 2. JOSE JACOB EARATHU HOUSE, PANTHATHALA, MEVIDA KOTTAYAM. 3. NATIONAL INSURANCE CO.LTD., KOTTAYAM DIVISIONAL OFFICE, KOTTAYAM, REPRESENTED BY ITS DIVISIONAL MANAGER. BY ADV. SRI.M.A.GEORGE FOR R3 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 24/06/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: M.N.KRISHNAN, J. -------------------------- M.A.C.A. No. 1310 OF 2004 --------------------- Dated this the 24th day of June, 2008 JUDGMENT This appeal is preferred against the award passed by the Motor Accident Claims Tribunal, Palakkad, in OP(MV) 1158/93. The Tribunal found that the accident had taken place by perusing Ext.X1 file which he get it under section 158(6) of the Motor Vehicles Act and held that the accident had taken place on account of the negligence of the lorry driver. The Tribunal has also commented upon the non co-operative attitude of the claimant. 2. The Tribunal disallowed the case on the ground that the name as per the petition is P.V.Ouseph, son of Varghese, whereas the police records only contains the name of P.V.Joseph, son of Ouseph. It is submitted by learned counsel for the appellant that he is the person who is injured in the accident and he will be able to prove the same for the reason that the house address shown is one and the same. I cannot find fault with the Tribunal when the discrepancy is with respect to the identity of the person especially, when the name of the father differs. But I feel an opportunity can be MACA No.1310/04 2 given to the claimant to establish that he is the person who is injured in the accident. If the appellant proves the same, the Tribunal can consider the injuries sustained by him and award the compensation. Therefore the award under challenge is set aside and the matter is remitted back to the Tribunal for the purpose of proving the identity of the claimant. The Tribunal shall also permit the claimant to produce the records to prove the nature of injuries sustained. After hearing all concerned, the Tribunal shall determine the compensation in accordance with law when the identity is established. Parties are directed to appear before the Tribunal on 31.7.08. M.N.KRISHNAN, JUDGE vps MACA No.1310/04 3 MACA No.1310/04 4