IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MRS. JUSTICE SHOBA ANNAMMA EAPEN TUESDAY, THE 13^TH DAY OF AUGUST 2024 / 22ND SRAVANA, 1946 MACA NO. 2731 OF 2009 OPMV NO.1497 OF 2002 OF MOTOR ACCIDENT CLAIMS TRIBUNAL, KOZHIKODE APPELLANTS/PETTIONER:

1 MOIDEENKOYA, S/O AMMED, AGED 40 YEARS, *(DIED)

KARAKUNNUMMAL HOUSE, EANGAPUZHA POST, THAMARASSERY VIA, KOZHIKODE DISTRICT.

ADDL.A2 AYISHA, W/O MOIDEEN KOYA, AGED 52, CHOLAKKUNNUMMAL, KODUVALLY, KOZHIKODE, PIN – 673572 ADDL.A3 SHAMSEER, S/O MOIDEENKOYA, AGED 29 YEARS, CHOLAKKUNNUMMAL, KODUVALLY, KOZHIKODE, PIN – 673572 ADDL.A4 JAMSEERA, D/O MOIDEENKOYA, AGED 25 YEARS, CHOLAKKUNNUMMAL, KODUVALLY, KOZHIKODE, PIN 673572 *APPELLANT DIED. REVIEW PETITIONERS 2-4 IN RP 1070/2023 ARE IMPLEADED AS LEGAL HEIRS OF THE APPELLANT (ADDITIONAL APPELLANTS 2-4) AS PER ORDER DATED 29.11.2023 IN RP 1070/2023 BY ADV SRI.V.S.CHANDRASEKHARAN RESPONDENTS/RESPONDENTS:

1 ISMAYIL M., MAVILODI HOUSE, KEEZHUR POST, PAYYOLI, KOZHIKODE DISTRICT.

2 BABU @ SHAMEER, SO.AHAMMEDKUTTY VADAKKEPARAMBIL HOUSE, PUTHUPPADI POST,, KOZHIKODE.

3 THE UNITED INDIA INSURANCE COMPANY LTD.

BRANCH OFFICE, VELIMANNA BUILDING, THAMARASSERY.

BY ADV K.SANDESH RAJA THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING COME UP FOR HEARING ON 13.08.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

JUDGMENT The claimant before the Principal Motor Accidents Claims Tribunal, Kozhikode, has filed this appeal challenging the award dated 21.05.2008 in OP(MV) No.1497 of 2002, dismissing his claim for compensation for the injuries allegedly sustained by him in a motor accident occurred on 17.02.2002, finding that the alleged accident has not been proved. The respondents herein were the respondents before the tribunal.

2. Earlier, by judgment dated 28.02.2023, this appeal was allowed by this Court, setting aside the impugned award and remanding the matter to the tribunal. However, pursuant to the remand, the legal heirs of the claimant filed RP No.1070 of 2023, seeking review of judgment dated 28.02.2023, stating that on the day when the judgment was delivered, the claimant had already died. Therefore, the review petition was allowed, vacating the judgment dated 28.02.2023 and directing to restore the appeal to file. Accordingly, the appeal was restored to file and the review petitioners were impleaded as additional respondents 2 to 4, being the legal heirs of the original appellant/claimant.

3. The learned counsel for the appellants submits that pursuant to Ext.A1 FIR before the tribunal, a police investigation was conducted and a charge sheet has also been laid and hence, one more opportunity be given to the additional appellants/legal heirs of the claimant so that they can contest the claim before the tribunal and adduce evidence.

4. Considering the fact that Ext.A1 FIR has been registered and a charge sheet has also been laid, I am of the opinion that one more opportunity can be afforded to the additional appellants/legal heirs of the claimant to contest their claim before the tribunal, by adducing evidence.

Therefore, the appeal is disposed of, as follows:

a)The impugned award dated 21.05.2008 in OP(MV) No.1497 of

2002 on the file of the Principal Motor Accidents Claims Tribunal, Kozhikode, is set aside.

b)The matter is remanded back to the Principal Motor Accidents Claims Tribunal, Kozhikode, for consideration afresh.

c)The tribunal shall permit the additional appellants/legal heirs of the claimant to get themselves impleaded in the claim petition and to adduce fresh evidence.

d)The tribunal is directed to reconsider and dispose of the original petition afresh with notice to the parties on both sides. Since it is an accident occurred in the year 2002, the tribunal shall dispose of the appeal as expeditiously as possible.

e)Both parties shall appear before the tribunal on 25.09.2024.

f) The additional appellants/legal heirs of the claimant as well as the respondents are free to produce additional documents, if any, within a period of one month from 25