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Judgment
M.N. Krishnan, J.—This appeal is preferred against the award of the Motor Accidents Claims Tribunal, Kalpetta in O.P.(MV) 450/08. The
claimant, a passenger in a jeep, sustained injuries in a road accident when it collided with another jeep. The Tribunal found that the claimant is
entitled to get 50% of the amount of Rs. 9,250/- and it is against that decision the claimant has come up in appeal.
Heard. At the out set I may like to state that the award has been written in the most unsatisfactory manner. When a petition is filed u/s 166 M.V.
Act the Court is bound to conduct an enquiry on the negligence and then answer the issues. Here the question is answered holding that nobody has
adduced any oral evidence and that two moving vehicles were involved in an accident and therefore 50% of the negligence has to be attributed.
This is not a correct approach of law. Here, one has to blame the claimant also because he did not step into the box, he did not produce the
charge sheet and the scene mahazar produced is of no help to decide the question of negligence. It has also to be stated when it is contended that
the other driver is also negligent in order to find out the question of negligence the driver, owner and the insurance company of that vehicle should
also have been impleaded. Therefore the award requires interference.
Hence the award under challenge is set aside and the matter is remitted back to the Tribunal with a direction to the claimant to implead the
driver, owner and the insurer of the other jeep and also permit them to produce both documentary as well as oral evidence in support of their
respective contentions. Parties are permitted to adduce evidence and the Tribunal is directed to dispose of the matter in accordance with law.The
claimant is directed to take out notice to the owner and driver for a proper disposal of the matter. It is also made clear since the matter is going
back the question of enhancement also can be considered by the Tribunal. Parties are directed to appear before the Tribunal on 17.12.2010.