IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN FRIDAY, THE 16TH OCTOBER 2009 / 24TH ASWINA 1931 MACA.No. 769 of 2004(G) ---------------------- OPMV.1161/1998 of MOTOR ACCIDENT CLAIMS TRIBUNAL, ALAPPUZHA .................... APPELLANT(S): APPELLANT/PETITIONER: ----------------------------------- USHA, W/O. BALACHANDRAN, HANUMARU VELI, WARD NO.VII, MARARIKULAM SOUTH PANCHAYAT. BY ADV. SRI.BEPIN VIJAYAN RESPONDENT(S): RESPONDENTS -------------------------- 1. RAVIYAPPAN, S/O. GOVINDAN, NANDIPURATHU VEETTIL, WARD NO.X, MARARIKULAM NORTH PANCHAYAT, MARARIKULAM P.O. 2. NATESAN, S/O. VASUDEVAN, PUTHENPURACKAL VEETTIL, WARD NO.XII, MARARIKULAM SOUTH PANCHAYAT, MARARIKULAM P.O. 3. THE NEW INDIA ASSURANCE COMPANY LTD., ALAPPUZHA. ADV. SMT.M.HEMALATHA FOR R3 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 16/10/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: M.N. KRISHNAN, J. = = = = = = = = = = = = = = M.A.C.A. NO. 769 OF 2004 = = = = = = = = = = = = = = = Dated this the 16th day of October, 2009. J U D G M E N T This appeal is preferred against the award of the Motor Accidents Claims Tribunal, Alappuzha in O.P.(MV)1161/98. The claimant, while travelling as a passenger in a bus is said to have sustained injuries in an accident by overturning of the bus. Unfortunately all the documents produced did not have any connection with the case of the claimant. The Tribunal noted hat the vehicle number is incorrect, then the name of the driver is incorrect and the nature of accident is also incorrect. Therefore the Tribunal was justified in arriving at a decision regarding the non satisfactory evidence tendered before the Tribunal. But if it is by mistake such a thing has occurred I do not want to deprive the party from getting the compensation if they are able to produce proper documents and if proper parties are arrayed in the light of the fact that there is no limitation prescribed under the M.V.Act. Therefore the award under challenge is set aside M.A.C.A. 769 OF 2004 -:2:- and the matter is remitted back to the Tribunal and the claimant is permitted to even amend the petition if it is incorrect, implead proper parties before Court and produce necessary documents and the matter can be disposed of after hearing all concerned who are necessary parties to the proceedings. The appellant namely the claimant is directed to appear before the Tribunal on 30.11.2009 and thereafter take appropriate steps for further conduct of the case. M.N. KRISHNAN, JUDGE. ul/- M.A.C.A. 769 OF 2004 -:3:- M.N. KRISHNAN, J. = = = = = = = = = = M.A.C.A. No. 769 OF 2004 = = = = = = = = = = = J U D G M E N T 14th October, 2009