IN THE HIGH COURT OF KERALA AT ERNAKULAM
MACA.No. 2058 of 2007()
1. GEORGE, S/O KURIAKOSE,
... Petitioner
Vs
1. PAULOSE, S/O CHERIA,
... Respondent
2. P.K.YOHANNAN, S/O KURIAKOSE,
3. THE ORIENTAL INSURANCE COMPANY LTD.,
For Petitioner :SRI.EGY.N.ELIAS
For Respondent :SRI.A.R.GEORGE
The Hon'ble MR. Justice M.N.KRISHNAN
Dated :21/08/2008
O R D E R
M.N.KRISHNAN, J
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MACA No.2058 OF 2007
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Dated this the 21st day of August 2008
JUDGMENT
This appeal is preferred against the award of the Motor Accidents
Claims Tribunal, Muvattupuzha in O.P.(MV)No.250 of 2005. It is the case
of the claimant that while he was driving a motor cycle bearing
Regn.No.KL7C/3523, another vehicle bearing Regn.No.KL7D/7537 driven
by R1 and owned by R2 came in a rash and negligent manner and hit on
his motor cycle resulting in sustained injuries to him as well as
sustainment of damages to the motor bike. It is submitted by the learned
counsel for the claimant that for the personal injuries, he had filed O.P.
(MV)No.249 of 2005 which is pending and he has produced all the
documents relating to the accident in the said case. Unfortunately, the
Tribunal held that from the averment in column 28 of the petition, it
appears that both the vehicles are owned by the same owner. Learned
counsel would submit that there is no such pleading, but the same number is
shown which has resulted in the confusion. I feel it is only a mistake which
can be corrected and since the other matter is pending and negligence is the
MACA 2058/2007 -:2:-
issue therein also it is desirable that O.P.(MV)Nos.249 & 250 of 2005 are
jointly tried and disposed of by a common award.
Therefore the award under challenge is set aside and the matter is
remitted back to the Tribunal for fresh consideration along with O.P.(MV)
No.249/2005 with liberty to the appellant to file an amendment application
and to produce both documentary and oral evidence in support of his
contentions. The Tribunal shall adjourn O.P.(MV)No.249/2005 posted on
29.8.2008 to 6.10.2008 on which date the appellant shall appear before the
Tribunal.
MACA is disposed of as above.
M.N.KRISHNAN, JUDGE
Cdp/-