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Judgment
D. Hariparanthaman, J.—This Civil Miscellaneous Appeal has been filed by the appellant against the award made in M.C.O.P. No. 47 of 2002, dated 05.08.2005, on the file of the Motor Accident Claims Tribunal, Padmanabapuram, Kanyakumari District.
The appeal lies in a very narrow campus. The claimant was injured in a road accident which occurred on 24.04.1997. According to him, the first respondent driver was responsible for the accident. The first respondent drove the bus belonging to the second respondent Corporation. The case of the claimant was that the first respondent drove rashly and negligently and hit against the scooter in which he was a pillion rider.
Heard the learned Counsel for both sides.
However, the Tribunal rejected the claim application on the ground that the First Information Report relating to the accident was lodged by the driver of the bus. When the First Information Report was solely relied on by the Tribunal to come to the conclusion that the driver was not responsible for the accident, the Tribunal failed to take into account that the First Information Report was closed on the ground of mistake of fact. When the First Information Report was Ex.P.1, the final report resulting in the closure of the First Information Report on the ground of mistake of fact, was Ex.P.2. In the entire award, there is no reference to Ex.P.2. Hence, the award requires interference.
The learned Counsel for the appellant correctly submits that the Tribunal was not correct in relying solely on the First Information Report to record its findings. The award requires interference on this ground also.
The Tribunal also held that the other tort feasors were not made as parties. If the driver of the bus is fully exonerated, then only other tort feasors should have been made as parties. On the other hand, if the driver of the bus also contributed to the accident either solely or partly, then the alleged other tort feasors could either be made as parties or they could not be made as parties. The claim application could not be rejected for non joint of parties in that event.
In the result, the award of the Tribunal is set aside and the matter is remanded back for fresh consideration. The Tribunal is directed to dispose of the matter within a period of two months from the date of receipt of a copy of this order.
Accordingly, this Civil Miscellaneous Appeal is disposed of in the above terms. No costs.