IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN MONDAY, THE 5TH OCTOBER 2009 / 13TH ASWINA 1931 MACA.No. 1971 of 2008() ----------------------- OPMV.1101/2003 of MOTOR ACCIDENT CLAIMS TRIBUNAL, IRINJALAKUDA .................... APPELLANTS/PETITIONERS IN OP (MV): ------------------------------------------------------------- 1. AYYAPPAN, S/O.LATE KALUKURUMBAN, THAMMANATHU HOUSE, CHATTIKKULAM DESOM AND POST, KODASSERY VILLAGE, MUKUNDAPURAM TALUK, THRISSUR DISTRICT. 2. APPU, S/O.LATE KALUKURUMBAN, THAMMANATHU HOUSE, CHATTIKKULAM DESOM AND POST, KODASSERY VILLAGE, MUKUNDAPURAM TALUK, THRISSUR DISTRICT. BY ADVS. MR.P.V.BABY, MR.A.N.SANTHOSH. RESPONDENT(S): RESPONDENTS IN OP (MV): -------------------------------------------------------------------- 1. NAVAS.C.S, S/O.SAIDU MOHAMMED, CHEENIKKAPURATH HOUSE, VELLIKULANGARA.P.O. 2. JIMMY, S/O.SEBASTIAN, THEETHAI HOUSE, VAYALATHRA, KUTTICHIRA.P.O. 3. UNITED INDIA INSURANCE CO, LTD., SOUTH JUNCTION, CHALAKUDY. R3 BY ADV. MR.P.MURALEEDHARAN THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING COME UP FOR ADMISSION ON 05/10/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss M.N.KRISHNAN, J. ........................................... M.A.C.A.NO.1971 OF 2008 ............................................. Dated this the 5th day of October, 2009 J U D G M E N T This is an appeal preferred against the award of the Claims Tribunal, Irinjalakuda in OP(MV)No.1101/2003. The claimants are the legal representatives of one Kurumba, who sustained injuries in a road accident on 5.5.2003. A perusal of the award would reveal that she had sustained head injury in the form of Subdural Haematoma. It is also stated that Kurumba was a psychic patient. She died on 22.5.2003. It is the contention of the appellants that the cause of death is on account of the injury sustained in the road accident. Unfortunately no postmortem is conducted and no medical evidence is tendered to connect the fact. But, a reading of the materials available would reveal that it has something to do with her death. It is a matter which requires medical evidence to connect the cause of death with the accident. Similarly, I think the claimants were not very anxious to include the sisters as legal representatives of the deceased Kurumba. Under Section 166 of the Motor Vehicles Act, if : 2 : M.A.C.A.NO.1971 OF 2008 they cannot be impleaded as petitioners, they should be impleaded as respondents. The Tribunal has also observed that the amount due to the sisters have to be kept in the deposit of the court. But it may not be of much effect for the reason that these persons may not know about the case at all and it will only lie in the court deposit getting lapsed. So, I feel the claimants can implead the sisters of deceased Kurumba as well. 2. Therefore the award under challenge is set aside and the matter is remitted back to the Tribunal with a direction to permit the appellants to implead all legal representatives of the deceased Kurumba and also produce both documentary as well as oral evidence in support of their respective contention that death of Kurumba occurred on account of the injury sustained in the road accident. Need less to say that the insurance company is also permitted to raise all contentions in defence to the case of the appellants. Parties are directed to appear before the Tribunal on 21.11.2009. M.N.KRISHNAN, JUDGE cl : 3 : M.A.C.A.NO.1971 OF 2008 : 4 : M.A.C.A.NO.1971 OF 2008