IN THE HIGH COURT OF KERALA AT ERNAKULAM
MACA.No. 401 of 2007()
1. T.M.GIRI, AGED 34 YEARS, S/O.MADHAVAN,
... Petitioner
Vs
1. MR.P.C.JOB, S/O.P.C.CHACKO,
... Respondent
2. K.V.PATHROSE, S/O.VARGHESE,
3. NATIONAL INSURANCE CO.LTD., ALUVA.
For Petitioner :SRI.VIVEK VARGHESE P.J.
For Respondent :SRI.PAUL JACOB
The Hon'ble MR. Justice M.N.KRISHNAN
Dated :15/03/2010
O R D E R
M.N. KRISHNAN, J.
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M.A.C.A. NO. 401 OF 2007
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Dated this the 15th day of March, 2010.
J U D G M E N T
This appeal is preferred against the award of the Motor
Accidents Claims Tribunal, Perumbavoor in O.P.(MV)1497/00.
The claimant, the owner of a mini lorry moved the Court for
claiming damages. The Tribunal dismissed the case. It is
against that decision he has come up in appeal.
2. Heard the learned counsel for the appellant as well
as respondent. The learned Tribunal found that the hit is
from behind and therefore negligence is on the driver of the
mini lorry. On the other hand, the appellant would contend
the bus which was parked on the road side was suddenly
taken to the road without any signal and it was in that
process the accident happened. It is true that under the
provisions of the M.V.Act and Rules a person coming from
behind is expected to keep a reasonable distance of 10 mtrs.
from the ongoing vehicle. But it may not be possible in
every case especially in the present set up where the traffic
M.A.C.A. 401 OF 2007
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congestion is on the peak. The police has charge sheeted
the driver of the bus. The driver of the mini lorry would
come and depose about the negligence of the bus driver. The
Tribunal decides on the theory of hit from behind and also
the width of the road. But I think the matter requires better
consideration and evidence can be let in to establish how the
accident had really taken place. Therefore I set aside the
order of dismissal and remit the case back to the Tribunal
with a direction to permit both the sides to adduce
documentary as well as oral evidence in support of their
respective contentions and then the Tribunal to dispose of
the matter in accordance with law. Parties are directed to
appear before the Tribunal on 23.4.2010.
M.N. KRISHNAN, JUDGE.
ul/-