IN THE HIGH COURT OF KERALA AT ERNAKULAM MACA.No. 657 of 2007() 1. THANKACHAN ANTONY, PUTHUPARAMBIL HOUSE, ... Petitioner Vs 1. THE SECRETARY, PRIVATE MOTOR WORKERS ... Respondent 2. ANANDAN, ATHULYA @ MADAVANA, 3. THE UNITED INDIA INSURANCE COMPANY LTD. 4. L.SIVANANDAN, ILLIKULATHUTHEKKETHIL, For Petitioner :SRI.JAMES KURIAN For Respondent :SRI.N.S.MOHAMMED USMAN The Hon'ble MR. Justice M.N.KRISHNAN Dated :01/07/2008 O R D E R M.N. KRISHNAN, J. = = = = = = = = = = = = = = M.A.C.A. NO. 657 OF 2007 = = = = = = = = = = = = = = = Dated this the 1st day of July, 2008. J U D G M E N T
This appeal is preferred against the award of the Motor
Accidents Claims Tribunal, Kottayam in O.P.(MV)459/02.
The claimant was a passenger in a Transport Bus bearing
registration No.KL15/4554. The K.S.R.T.C. bus was
proceeding from south to north. Its correct side was western
side. The Tribunal found that the accident had taken place
on the eastern side and therefore held that it was the driver
of the K.S.R.T.C. bus who is responsible for the accident and
on account of the non-impleadment of K.S.R.T.C. disallowed
the claim petition. Learned counsel for the appellant has
pointed out to me that the charge sheet has been
subsequently corrected and the driver of the private bus had
appeared before the Magistrate Court and pleaded guilty and
he has also given me for perusal the judgment of the Judicial
Magistrate of I Class, Thiruvalla in C.C.198/02. It can also be
seen that the said judgment has been produced and marked
M.A.C.A. 657 OF 2007
as Ext.A13 before the Tribunal. The Tribunal has not
adverted its mind to the charge sheet or the judgment of the
criminal Court and had simply relied on the scene mahazar to
arrive at a decision. It is not proper. It should have taken
into consideration all the materials and arrive at a decision.
Therefore the award under challenge is set aside and the
matter is remitted back to the Tribunal for fresh
consideration. If the claimant feels that the K.S.R.T.C. has
to be impleaded, is at liberty to do so and thereafter all
parties are permitted to adduce evidence in support of their
respective contentions and then the matter be disposed of in
accordance with law. Parties are directed to appear before
the Tribunal on 6.8.08.
M.N. KRISHNAN, JUDGE.