IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN TUESDAY, THE 16TH SEPTEMBER 2008 / 25TH BHADRA 1930 MACA.No. 1987 of 2008(E) ------------------------------- OPMV.2746/2003 of MOTOR ACCIDENT CLAIMS TRIBUNAL, KOZHIKODE .................... APPELLANT/PETITIONER ------------------------------------- BABU.O.T., S/O.KANNAN, OZHINHILOTTE THARANNMAL, VELOM P.O., R/AT NELLOOLI, PUTHIYANGADI P.O., KOZHIKODE DIST., REP. BY HIS POWER OF ATTORNEY HOLDER O.T.KAMALA, D/O.RAMAN, OZHINHILOTTE THARANNMAL, VELOM VILLAGE, VATAKARA TALUK, KUTTIADI, KOZHIKODE DISTRICT BY ADV. SRI.P.V.KUNHIKRISHNAN RESPONDENTS: RESPONDENTS ------------------------ 1. M.K.KUNHABDULLA, S/O.KUNHAMMED, MOOLAKKAPPIL HOUSE, VENIMEL, BHOOMIVATHUKKAL P.O., KOZHIKODE DISTRICT. 2. UNITED INDIA INSURANCE CO.LTD., P.B.NO.17, KALLINGAL BUILDINGS, MAIN ROAD, VATAKARA. BY THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING COME UP FOR ADMISSION ON 16/09/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: M.N. KRISHNAN, J. = = = = = = = = = = = = = = M.A.C.A. NO. 1987 OF 2008 = = = = = = = = = = = = = = = Dated this the 16th day of September, 2008. J U D G M E N T This appeal is preferred against the award of the Motor Accidents Claims Tribunal, Kozhikode in O.P.(MV)2746/03. The claim petition has been dismissed on the ground that the owner of the vehicle invoked in the accident has not been impleaded and another person is impleaded. The Tribunal dismissed the claim application on the ground of non- impleadment of necessary party. It is against that the claimant has come in appeal. I do not find any purpose in inviting all here and then remand the case for giving an opportunity to implead the proper owner. Whatever contentions the parties want to raise can be raised before the Tribunal and the matter can be decided afresh. Therefore, the award under challenge is set aside and the matter is remitted back for fresh consideration and the claimant herein is permitted to file an application for impleadment of the original owner and on appearance before the Tribunal he M.A.C.A. 1987 OF 2008 -:2:- shall take out notice to all concerned once again so that the matter can be heard and disposed of finally on merits. Parties are directed to appear before the Tribunal on 28.10.08. The MACA is disposed of accordingly. M.N. KRISHNAN, JUDGE. ul/-