Full Judgment
IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT: THE HONOURABLE MR.JUSTICE S.SIRI JAGAN & THE HONOURABLE MR. JUSTICE K.RAMAKRISHNAN MONDAY,THE 29TH DAY OF JULY2013/7TH SRAVANA, 1935 MACA.No. 1553 of 2009 ( ) -------------------------- OP(MV)NO. 291/2003 OF ADDL. MOTOR ACCIDENTS CLAIMS TRIBUNAL, KOTTAYAM ---------------------------------------- APPELLANT/2ND RESPONDENT: ------------------------------------------------- JOSEPH MATHEW, MULAKKANCHIRA, CHINGAVANOM, KOTTAYAM. BY ADV. SRI.M.P.MADHAVANKUTTY RESPONDENT(S)/PETITIONERS & RESPONDENTS 1 & 3 : ------------------------------------------------------------------------------------- 1. SANIL, S/O.SUKUMARAN, KANIPPALLY (PRAPPUZHACHIRA), KARIPOOTHATU P.O., ARPOOKKARA, KOTTAYAM.
2. DILEEP @ ANIYANKUNJU, S/O.VELAYUDHAN, VELLOPPURAYIL, PANAYAMBATH, ARPOOKKARA, KOTTAYAM.
3. THE DIVISIONAL MANAGER, DIVISIONAL OFFICE, THE ORIENTAL INSURANCE CO. LTD., KOTTAYAM. R2 BY ADV. SRI.LIJI.J.VADAKEDOM R3 BY ADV. SRI.RAJESH THOMAS THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 29-07-2013, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: sts S.SIRI JAGAN & K.RAMAKRISHNAN, JJ.
--------------------------------------------------------------- M.A.C.A. No.1553 of 2009 --------------------------------------------------------------- Dated this, the 29th day of July 2013 Judgment Siri Jagan, J.
The second respondent in OP(MV) No.291/2003 before the Additional Motor Accidents Claims Tribunal, Kottayam, in which he was impleaded as the owner of the vehicle involved in an accident, which gave rise to the claim by the first respondent herein for compensation for the injuries sustained by him on account of an accident, caused by the negligent driving of a vehicle driven by the second respondent and insured with the third respondent, is the appellant herein. The Tribunal found negligence on the part of the driver and awarded compensation to the first respondent for the injuries and disabilities suffered by him. The appellant was ex parte before the Tribunal. The appellant now submits that as on the date of accident, he was not either the registered owner or the defacto owner of the vehicle. According to him, he transferred the vehicle in 1990 and that fact had been entered in the MACA No.1553/2009 2 registration certificate also. The accident happened only on 17.3.2001. Therefore, the appellant is not liable to compensate the first respondent for the injuries and disabilities caused by the accident on account of the negligent driving of the vehicle, is the contention raised.
2. We have heard the parties.
3. The appellant has produced before us a copy of the registration certificate as per which, although originally, the appellant was the registered owner, on 7.9.1990, the ownership was changed in the name of one Sasi.T.C.,S/o.K.Chellappan, Thekkepara, Pallom.P.O., Kottayam West. Later, the same was again transferred in the name of Sri.M.M.Uppay, Mattathil House, Nattakom.P.O., Kottayam with effect from 28.11.1991. In the above circumstances, we are of the opinion that the appellant should be given an opportunity to prove his case before the Tribunal. For that purpose, we set aside the impugned award and remand OP(MV) No.291/2003 to the Additional Motor Accidents Claims Tribunal, Kottayam, for fresh disposal in accordance with law on the question of liability of MACA No.1553/2009 3 the appellant as owner of the vehicle alone and not regarding the quantum insofar as the claimant has not challenged the quantum, after affording all parties an opportunity to adduce fresh evidence in respect of their respective claims. Needless to say, the appellant shall also be given an opportunity to file a written statement. However, in view of the fact that there was laches on the part of the appellant in appearing before the Tribunal and placing the real facts before the Tribunal, we are inclined to award costs on the appellant. We fix the costs as Rs.5,000/- (Rupees Five Thousand only). At the request of the Court, the learned counsel for the Insurance Company graciously agrees that the costs may be paid to the Kerala State Mediation and Conciliation Centre. Accordingly, the appellant shall pay Rs.5,000/- as costs to the Kerala State Mediation and Conciliation Centre as a condition for remanding the matter to the Tribunal and if the appellant does not pay the costs and produces proof of payment before this Court within two weeks, the appellant will not be entitled to the benefit of this judgment. MACA No.1553/200”
4. It is submitted that the claimant has already withdrawn the amount deposited by the Insurance Company. The question as to what should be done in such circumstances, shall be decided by the Tribunal. S.SIRI JAGAN, JUDGE K.RAMAKRISHNAN,JUDGE sta MACA No.1553/2009 5