K. CHINNAVAR, S/O. KARUPPANNAN, AGED 65 YEARS, WARD 5/DOOR NO. 67, C.S.I. CHURCH STREET, GUDALUR, UTHMAPALAYAM (T.K), THENI DIST. AND ORS. Vs. RAJU, S/O. KURIAN, PUTHENPURACKAL HOUSE, KUMALY VILLAGE,

JUDGEMENT

(1.) UNDER challenge in this appeal is the award passed by the Motor Accidents claims Tribunal dismissing the claim petition. The claim arose out of the death of one Shinkari Amma who succumbed to the injuries sustained by her in a road traffic accident occurred on 9/2/2004. Allegedly while the deceased was traveling by an auto rickshaw the vehicle went out of control of the driver, hit against the gate of a workshop and overturned. As a result of the accident the deceased sustained fatal injuries to which she succumbed later.

(2.) THE main challenge in the memorandum of appeal is that the Learned Tribunal found that the claimants failed to implead the actual owner of the vehicle. The said finding as well as the adequacy of compensation are challenged in this appeal.

(3.) DURING the course of argument, the learned counsel for the appellant submitted that he has filed a petition to implead the actual owner of the offending vehicle. As there is challenge regarding the adequacy of compensation also, we are of the view that the matter can be sent back to the tribunal giving an opportunity to the appellant to implead the actual owner of the offending vehicle to contest the matter. In the result, this appeal is allowed. The impugned award is set aside. O.P.(MV) 523/2004 on the file of the Motor Accident Claims Tribunal, Thodupuzha is remanded back to the Tribunal for fresh disposal after affording the appellant an opportunity to implead the actual owner of the offending vehicle and to adduce further evidence, if any. The 3rd respondent - Insurance company also shall be afforded an opportunity to defend the case both at the time of consideration of impleading petition and at the time of evidence and final hearing. The learned Tribunal shall consider the matter afresh and pass an award within three months from the date of appearance of the parties. The parties shall appear before the tribunal on 18/4/2012.