K THANKAPPAN Vs. SUNIL

JUDGEMENT

(1.) APPELLANT is the owner of the vehicle involved in the motor accident. He remained ex parte before the Motor Accidents Claims Tribunal (hereinafter referred to as "Tribunal" for short) and an award was passed allowing the claimant/1st respondent to recover an amount of Rs.38,672/- with 8% interest per annum from the driver,owner and insurer jointly and severally. The Insurer was directed to produce the cheque for the amount in the name of the petitioner and insurer was also permitted to recover the amount from the owner-appellant. The cheque was produced and it was released to the claimant also.

(2.) ACCORDING to appellant, he did not get any notice from the Tribunal. There was only a paper publication which did not come to the notice of appellant. It was in such circumstances that he was set ex parte. It is also contended that the vehicle involved in this case is a non-transport vehicle but the Tribunal proceeded as if, it is a transport (commercial) vehicle. Therefore, the insurer was permitted to realise the amount from the appellant.

(3.) ON hearing both sides, I am satisfied that the matter requires reconsideration particularly in the light of Annexure-A1. But it is made clear that the only question to be decided by the Tribunal is whether the vehicle involved is a transport vehicle or non-transport vehicle. Depending on the finding on this disputed question, the Tribunal will decide whether the amount can be allowed to be realised by insurer from appellant or not. Both sides shall be given opportunity to adduce evidence on the crucial point whether the vehicle involved is a transport vehicle or a non-transport vehicle. In the result, the following order is passed.