IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN FRIDAY, THE 20TH JUNE 2008 / 30TH JYAISHTA 1930 MFA.No. 1105 of 2000(C) --------------------------------- OPMV.1807/1993 of MOTOR ACCIDENT CLAIMS TRIBUNAL, MANJERI .................... APPELLANT: PETITIONER IN OP.(MV) ------------------ KARATTUCHALI MOOSA, S/O. AHAMMEDKUTTY, CHAMAKKAPARAMBA, P.O. PAYYANAD, MANJERI, MALAPPURAM DISTRICT. BY ADV. SRI.K.M.SATHYANATHA MENON RESPONDENTS: RESPONDENTS ----------------------- 1. K.SREEDHARAN, KARIYARAMBATH HOUSE, P.O. MANJERI (DRIVER). 2. P.K.MOIDEEN, PULLANKUNNAN HOUSE, P.O. KARUVAMBRAM. 3. UNITED INDIA INSURANCE CO. LTD., MALAPPURAM. BY ADV. SRI.K.PRAVEEN KUMAR - R1 SRI.THOMAS MATHEW NELLIMOOTTIL - R3 THIS MISC. FIRST APPEAL HAVING BEEN FINALLY HEARD ON 20/06/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: M.N. KRISHNAN, J. = = = = = = = = = = = = = = = M.F.A.NO. 1105 OF 2000 = = = = = = = = = = = = = = = Dated this the 20th day of June, 2008. J U D G M E N T This appeal is preferred against the award of the Motor Accidents Claims Tribunal, Manjeri in OP(MV) 1807/93. The claimant sustained injuries in a road accident. The Tribunal rejected the claim on the ground that he is the owner of the bus and therefore he is not entitled to file a claim application for damages. The specific contention of the claimant is that one P.K. Moideen, 2nd respondent is the owner of the bus at the relevant point of time. In this appeal I.A.2098/07 is filed for the reception of a document. Registration particulars of the vehicle are furnished along with the said document and there is an endorsement that one P.K. Moitheen, son of Alavi is the owner of the vehicle with effect from 19.1.90. The accident had taken place on 20.12.92. Therefore it is contended that the appellant is not the owner of the vehicle. The Tribunal rejected the claim on MFA 1105 of 2000 -2- the ground no documents are produced. Therefore, in the light of his document it is desirable to give an opportunity. Therefore the award under challenge is set aside and the matter is remitted back to the tribunal and the appellant is given opportunity to produce documentary evidence in support of the contention that Moideen is the owner of the vehicle. All parties concerned are also permitted to adduce both documentary and oral evidence in support of their respective contentions and are directed to appear before the Tribunal on 31.7.2008. M.N. KRISHNAN, JUDGE. ul/- MFA 1105 of 2000 -3- M.N. KRISHNAN, J. = = = = = = = = = = M.F.A. No. 1105 OF 2000 = = = = = = = = = = = J U D G M E N T 20th June, 2008.