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Judgment
Ramakrishna Pillai, J.—These appeals arise out of a road traffic accident occurred on 06/05/02. Three persons were travelling by a motorcycle bearing Registration No.KL7-U-8229 along the Mulanthuruthy Piravom Public Road. Enroute it collided with a bus bearing Registration No. KL-5A-8275. In the accident the rider as well as one of the pillion riders met with their death. The other pillion rider was injured. Separate claim petitions were filed by the injured as well as the legal heirs of the deceased. The legal heirs of the rider by name Shaji filed OP(MV) No. 1428/02 before the Motor Accidents Claims Tribunal, Muvattupuzha. The legal heirs of the pillion rider by name Sibi filed OP(MV) No.2170/02 before the Motor Accidents Claims Tribunal, Ernakulam. The injured pillion rider by name Jithu filed OP(MV) No.1419/02 before the Motor Accidents Claims Tribunal, Muvattupuzha. The claim petitions filed before the Motor Accidents claims Tribunal Muvattupuzha ended in a dismissal finding hat the accident occurred due to the negligence of the rider of the motorcycle involved in the accident. The claim petition filed before the Motor Accidents Claims Tribunal, Ernakulam culminated in an award. But it was found that there was negligence on the part of the rider of the motorcycle and the driver of the bus and apportioned the same in the ratio of 1:1 between them.
M.A.C.A. No. 2244/07 is filed by the legal heirs of the rider and M.A.C.A. No. 1356/09 is filed by the legal heirs of the deceased pillion rider. M.A.C.A No. 2229/07 is filed by the injured pillion rider. M.A.C.A No.2751/09 is filed by the insurer of the bus challenging the award passed by the Motor Accidents Claims Tribunal, Ernakulam in OP(MV) No. 2170/02.
We have heard the submissions of the Learned Counsel for the appellants and the Learned Counsel for the respondents in the appeal. We have also perused the impugned awards passed by the Motor Accidents Claims Tribunal, Muvattupuzha and Ernakulam. Going through the award we see that inconsistent findings were entered into by the Tribunals regarding negligence. On a consideration of the entire facts and circumstances of the case, we are of the view that the claim petitions ought have been heard and disposed of by the same Tribunal. As the claimants as well as the Insurance Company have preferred appeals voicing their grievance against the award passed by the Tribunal which appears to be reasonable we are of the view that the impugned awards are to be interfered with and remitted back for fresh disposal by one of the Tribunals. We are of the view that the Motor Accidents Claims Tribunal, Ernakulam can be entrusted with the task of re-considering the entire matter afresh. In the result, the impugned awards are set aside. Interim orders stand vacated. OP(MV) No.1419/02 and OP (MV) No. 1428/02 on the file of the Motor Accidents Claims Tribunal, Muvattupuzha are remitted back to the Tribunal which shall stand transferred to the Motor Accidents Claims Tribunal, Ernakulam for being considered along with OP(MV) No. 2170/02 of that Tribunal. OP(MV) No.2170/02 on the file of the Motor Accidents Claims Tribunal, Ernakulam is remitted back to the said Tribunal. The parties shall enter appearance before the Motor Accidents Claims Tribunal, Ernakulam on 13/08/12. The Motor Accidents Claims Tribunal, Muvattupuzha on receipt of the records/copy of this judgment shall remit the entire records in OP(MV) No. 1419/02 and OP(MV) No.1428/02 of that Tribunal to the Motor Accidents Claims Tribunal, Ernakulam. The Motor Accidents Claims Tribunal, Ernakulam on appearance of the parties shall conduct a joint trial of the claim petitions affording both sides to adduce evidence if they choose and shall pass a revised common award. The entire exercise shall be completed within a period of five months from the date of appearance of the parties before the Tribunal.