IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN THURSDAY, THE 3RD JULY 2008 / 12TH ASHADHA 1930 MACA.No. 1420 of 2004() ----------------------------------- OPMV.242/1995 of ADDL. MOTOR ACCIDENT CLAIMS TRIBUNAL, PALAKKAD .................... APPELLANT/PETITIONER : ------------------------------------- HAREENDRANATHAN, S/O.GOPALAN, AZHICHIRA HOUSE, KARIPPALLY, PATTAMCHERRY, CHITTUR, PALAKKAD. BY ADV. SRI.V.G.ARUN RESPONDENTS/RESPONDENTS : --------------------------------------------- 1. P.VINODKUMAR, S/O.PONNUKUTTY, PALANCHERRY HOUSE, KURUDIKKADU, PUDUSSERY, PALAKKAD. 2. S.C.CHACKO, SRAMBIKKAL HOUSE, VILANGANNUR, PEECHY P.O., TRICHUR. 3. UNITED INDIA INSURANCE COMPANY LTD., BRANCH NO.57, PREMIER BAZAR, KURUPPAM ROAD, TRICHUR. THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING COME UP FOR ADMISSION ON 03/07/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: M.N. KRISHNAN, J. ------------------------------ M.A.C.A.No. 1420 of 2004 ------------------------------ Dated this the 3rd day of July, 2008 JUDGMENT This appeal is preferred against the award of the Motor Accidents claims Tribunal, Palakkad in O.P. (MV) No. 242/1995. It was an application filed by the owner of the jeep KLN 4367 for damages, sustained to the vehicle. The vehicle originally stood registered in the name of one V.M. Ali and by virtue of purchase, the appellant has become the owner of the jeep, is the contention. Before the Tribunal Exhibit A7 a stamped receipt issued by V.M. Ali in favour of the appellant towards receipt of consideration and transfer of the vehicle was produced. It was proved by PW1 also. The tribunal did not accept it for non-examination of Mr. Ali. The learned counsel also would contend that in Exhibit A6, which is the copy of award in O.P.(MV) No.294/1995, there is no dispute regarding the ownership of the jeep. I think the Tribunal has been very technical in the matter. But when some doubt is raised, it is better that it is cleared by either examining Shri. V.M. Ali or in the form of some other evidence so as to satisfy the M.A.C.A.No. 1420/2004 Page numbers consciousness of the court. I do not want to get all the parties here for the reason that the same exercise has to be done even after their appearance. So even without issuance of the notice, I am setting aside the award and remand the case to the Tribunal. Therefore, the award under appeal is set aside, the matter is remanded back to the tribunal with a direction to grant opportunity to the appellant to establish his case. The opposite parties can also adduce evidence in support of their respective contentions. The appellant is directed to appear before the court on 6/08/2008 and thereafter take steps to serve notice on others and thereafter the matter be decided after hearing all concerned, in accordance with law. M. N. KRISHNAN, JUDGE scm