JUDGMENT

[CRL.A Nos.2414/2024 and 70/2025]

These appeals raise identical questions of law and can therefore be conveniently disposed of by a common judgment.

2. These appeals are filed under Section 341 of the Code of Criminal Procedure , 1973, challenging the proceedings against the appellants under Section 340 Cr.PC in OP(MV) No.921/2009 on the file of the III Additional District Court/ II Additional Motor Accidents Claims Tribunal, Thrissur (hereinafter referred to as the ‘MACT’).

3. The brief facts are as follows:

OP(MV) No.921/2009 was one filed by legal heirs of one Ayyappan, who succumbed to injuries sustained in a road traffic accident. The petition showed one Prakasan to be the owner cum driver of the offending motorcycle and he was impleaded as the 1^st respondent. The United India Insurance Company Ltd., which was impleaded as the 2^nd respondent in the petition before the MACT, took up a contention that the offending motorcycle was not driven by the aforesaid Prakasan, but by one Nimesh. It was contended that the aforesaid Nimesh had no licence to drive a motorcycle, and in order to ensure that the claim was met by the Insurance Company, it was falsely projected that the mot