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Thankachan Antony vs The Secretary on 1 July, 2008

Kerala High Court
Thankachan Antony vs The Secretary on 1 July, 2008
       

  

  

 
 
  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
-:2:-

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.

ul/-

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