IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT :

THE HONOURABLE MR. JUSTICE A.K.BASHEER

&

THE HONOURABLE MR. JUSTICE P.Q.BARKATH ALI

TUESDAY, THE 13TH JULY 2010 / 22ND ASHADHA 1932

MACA.No. 376 of 2007

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OP(MV)359/2002 of MOTOR ACCIDENTS CLAIMS TRIBUNAL, TIRUR

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APPELLANT/RESPONDENT NO.4 :

RAJULA, D/O.SAIDALI,

ULLATTIL HOUSE, KANNACHALIL PARAMBA,

CHERUVANNUR P.O., KOLATHARA, KOZHZIKODE.

BY ADV. SRI.P.V.KUNHIKRISHNAN

RESPONDENTS/PETITIONERS AND RESPONDENTS NO.1 TO 3:

1. B.M.ABDUL RAHIMAN, CHERUKAD HOUSE,

P.O.ERAVAKKAD, VIA,KUMARANALLUR,PALAKKAD DISTRICT.

2. RUHIYABI, CHERUKAD HOUSE,

P.O.ERAVAKKAD, VIA,KUMARANALLUR,PALAKKAD DISTRICT.

3. AMINAKUTTY,CHERUKAD HOUSE,

P.O.ERAVAKKAD, VIA,KUMARANALLUR,PALAKKAD DISTRICT.

4. ARSHAD,(ARSHAD) AGED 10 YEARS, CHERUKAD HOUSE,

P.O.ERAVAKKAD, VIA,KUMARANALLUR,PALAKKAD DISTRICT.

5. BHADARUNNISSA,(MINOR) AGED 8 YEARS,

CHERUKAD HOUSE,P.O.ERAVAKKAD,

VIA,KUMARANALLUR,PALAKKAD DISTRICT.

6. MEHARUNNISSA,(MINOR) AGED 16 YEARS,

CHERUKAD HOUSE,P.O.ERAVAKKAD,

VIA,KUMARANALLUR,PALAKKAD DISTRICT.

(RESPONDENTS NO.4 TO 6 ARE REREPSENTED BY THIER

MOTHER 3RD RESPONDENT).

7. GANGADHARAN, S/O.KOCHUKUTTAN,

KARANATH VEETTIL, PARALAM VILLAGE,

AMMADAM P.O.,THRISSUR.

8. ANTONY THOMAS, PULLADAN HOUSE,

PAZHAMUKKU, OLLUR P.O., THRISSUR.

9. THE ORIENTAL INSURANCE COMPANY LTD,

THIRUVAMBADY DEVASWOM BUILDING,

ROUND WEST, THRISSUR P.O.

ADV. SRI.MATHEWS JACOB, SENIOR ADVOCATE FOR R9

SRI.P.JACOB MATHEW FOR R9

THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD

ON 13/07/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

A.K.BASHEER & P.Q.BARKATH ALI, JJ.

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M.A.C.A.No.376 OF 2007

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Dated this the 13^th day of July 2010

JUDGMENT

Basheer, J.

The short question that arises for consideration in this appeal is

whether the Motor Accidents Claims Tribunal was justified in refusing to

grant an opportunity to the appellant to adduce evidence in support of her

case. According to the appellant, she is the second wife of deceased Abdul

Basheer who succumbed to the injuries sustained by him in a motor

accident that occurred on September 6, 2000. But the Tribunal turned

down the claim of the appellant for a share in the compensation amount

and ordered the same to be paid to the parents and the first wife and

children of the deceased.

2. Appellant got herself impleaded in the claim petition filed by the

parents, the first wife and children of the deceased in O.P.(MV)No.359/02

pending before the Motor Accidents Claims Tribunal, Tirur. It is on record

that the appellant filed an interlocutory application before the Tribunal

praying for reopening the case and allowing her to produce certain

documents on her behalf. According to the appellant, she had obtained

certificate from Cheruvannur Vadakke Juma-ath Committee evidencing her

marriage with the deceased. She had also produced certain photographs

taken on the occasion of her marriage with the deceased. However, the

Tribunal dismissed the application (I.A.470/07) by t