IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN THURSDAY, THE 30TH SEPTEMBER 2010 / 8TH ASWINA 1932 MACA.No. 316 of 2010() ---------------------- OPMV.224/2003 of MOTOR ACCIDENT CLAIMS TRIBUNAL, ERNAKULAM .................... APPELLANT(S): RESPONDENTS: ------------------------------------------------- 1. ROSAMMA SIMPSON, AGED 58 YEARS, W/O.K.P. K.P.SIMPSON, HOUSE NO.X1/472, ANUGRAHA, VELI, FORT KOCHI. 2. AGNES ANEETT SIMPSON, AGED 38 YEARS, D/O.K.P. SIMPSON, HOUSE NO.X1/472, ANUGRAHA, VELI, FORT KOCHI. BY ADVS. SRI.SHAIJAN C.GEORGE, SRI.JOHN VIPIN, SRI.P.A.SHIBU (PAZHAVAKAT), SMT.SAJITHA GEORGE, SMT.S.REKHA KUMARI. RESPONDENT(S): --------------------------- MARGRET BINDHU, AGED 35 YEARS, W/O.SIBICHAN, THADUTHARA HOUSE, MINI COLONY, ST.JOHN'S, PATTOM, FORT KOCHI. BY SRI. P.S. APPU, ADV.COMMISSIONER BY ADVS. SRI.K.A.SEBASTIAN, SRI.P.A.BAHULEYAN. THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING COME UP FOR ADMISSION ON 30/09/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss ORDER ON I.A.NO.413/2010 IN MACA NO.316/2010 DISMISSED 30/09/2010 SD/-M.N.KRISHNAN, JUDGE /TRUE COPY/ P.A.TO JUDGE Kss M.N. KRISHNAN, J. = = = = = = = = = = = = = = M.A.C.A. NO. 316 OF 2010 = = = = = = = = = = = = = = = Dated this the 30th day of September, 2010. J U D G M E N T This appeal is preferred against the award of the Motor Accidents Claims Tribunal, Ernakulam in O.P.(MV) 224/03. It is the case of the claimant that a Maruthi Car driven by the 2nd respondent hit on the motorbike ridden by the husband of the claimant and thereby she sustained injuries. On the other hand the respondent would contend that the negligence was absolutely on the side of the husband of the claimant and therefore the petitioner is not entitled to any compensation. The Tribunal after analysis of the materials found the driver of the car negligent and awarded a sum of Rs.17,978/-. The respondents, aggrieved by the said decision had come up in appeal. 2. Heard both the sides. The accident had taken place in a junction which joins Mattancherry Fort Kochi M.A.C.A. 316 OF 2010 -:2:- road to Fort Kochi-Amaravathi road. The motorcycle was coming from east to west and was turning to the north to join Fort Kochi Amaravathi road. The car was coming from Nazareth Fort-Kochi road and it was to join the junction to proceed to Mattancherry-Fort Kochi road. 3. In order to get an idea of the location I appointed a Commissioner and he had submitted a plan and report in this matter. The place of accident is located by him as shown in the scene mahazar by marking the points. It is almost on the northern side of the Mattancherry Fort Kochi road. Now the question that may have to be considered is whether the claimant's husband was justified in moving towards the northern extremity if it is the place of accident or whether he had to comply with further statutory requirements. So also the movement of the car and it's turning also requires correction. Unfortunately in this case though the matter is very seriously contested the M.A.C.A. 316 OF 2010 -:3:- respondent did not adduce any evidence so as to make the Tribunal understand their real stand. Now the plan and report filed by the Commissioner is available. Therefore the Court can understand the position of the place and then try to find out the place of accident and then decide the question of negligence in accordance with law. Therefore I am inclined to grant an opportunity for both the sides to adduce further evidence in this matter. 4. So the award under challenge is set aside and the matter is remitted back to the Tribunal with a direction to permit both the parties to adduce documentary as well as oral evidence in support of their respective contentions and then dispose of the matter in accordance with law. 5. While sending back the records the Registry is also directed to forward the Commissioner's original plan and report to the trial court so that the parties can M.A.C.A. 316 OF 2010 -:4:- let in evidence on the basis of the same and unnecessary expenses again on that regard can be avoided. Being a matter of the year 2003 the Tribunal shall try to expedite the matter and dispose it of within a period of three months from the date of first appearance of the parties. Parties are directed to appear before the Tribunal on 25.10.2010. The amount which is deposit shall remain in deposit until a final decision is taken in the matter. M.N. KRISHNAN, JUDGE. ul/-