MACA No. 3579 of 2016 1 2025:KER:25863 IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE C.PRATHEEP KUMAR WEDNESDAY, THE 26TH DAY OF MARCH 2025 / 5TH CHAITHRA, 1947 MACA NO. 3579 OF 2016 AGAINST THE AWARD DATED 16.02.2016 IN OP(MV) NO.2018 OF 2012 OF ADDITIONAL MOTOR ACCIDENTS CLAIMS TRIBUNAL - IV, KOLLAM. APPELLANTS/PETITIONERS: 1 SAJI AGED 52 YEARS, S/O.RENJATHAN, CHANDRAMANGALATH, PUTHENTHURA P.O., NEENDAKARA, KOLLAM. 2 THRIJI AGED 14 YEARS, (MINOR) D/O.SAJI, OF -DO-. BY ADV SMT. M. MADHUBEN RESPONDENTS/RESPONDENTS: 1 THE DEPUTY DIRECTOR HYDROLOGY SUB DIVISION, 6TH FLOOR, JALAVIJNANA BHAVAN, THIRUVANANTHAPURAM-695 001 (OWNER OF KL-01-AU.3690 FORD FIESTA CAR) 2 SANAL KUMAR S/O.APPUKUTTAN, KRISHNA NIVAS, PULIMOODU, UZHAMALAKKAL VILLAGE, NEDUMANGADU TALUK, THIRUVANANTHAPURAM DISTRICT (DRIVER OF KL.01 AU-3690 CAR). 3 THE DISTRICT INSURANCE OFFICER KERALA STATE INSURANCE DEPARTMENT, THIRUVANANTHAPURAM DISTRICT-695001 (PERIOD FROM 02/06/2011 TO 01/06/2012) MACA No. 3579 of 2016 2 2025:KER:25863 OTHER PRESENT: SMT.S.L.SYLAJA – GOVERNMENT PLEADER THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 26.03.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: MACA No. 3579 of 2016 3 2025:KER:25863 J U D G M E N T Dated this the 26th day of March, 2025 The petitioners in O.P.(M.V.) No.2018/2012 on the file of the Addl. Motor Accident Claims Tribunal-IV, Kollam are the appellants herein. (For the purpose of convenience, the parties are hereafter referred to as per their rank before the Tribunal). 2. The 1st petitioner is the father of the minor child, 2nd applicant who sustained injuries in the accident that occurred on 23.07.2011. The O.P. was filed under Section 166 of the Motor Vehicles Act, 1988, claiming compensation for the injuries sustained by the minor. As per the claim petition, the minor sustained injuries while she was hit down by a car bearing Reg.No.KL-01/AU-3690. The respondents are the owner, driver and insurer of the offending vehicle. 3. The 3rd respondent insurer in their written statement contended that the vehicle insured with them was KL-01 AY- 3690 and not KL-01 AU- 3690 In the Final Report produced in the case, the number of the vehicle is KL- AG 3690. Since the petitioners have failed to explain the above discrepancy in the number of the vehicle involved in the accident, the tribunal dismissed the claim petition. MACA No. 3579 of 2016 4 2025:KER:25863 4. Aggrieved by the above order of the tribunal dismissing the claim petition, the petitioners came up with this appeal. 5. At the time of arguments, the learned counsel for the appellants submitted that there was a mistake in stating the registration number of the vehicle and therefore he prayed for giving one more opportunity to the petitioners to rectify the above mistake, so that they could claim compensation for the injuries sustained in the accident. 6. Considering the above facts, I hold that one more opportunity can be given to the petitioners to prosecute the case diligently. 7. In the result, this appeal is allowed, the impugned award is set aside and the matter is remanded back to the tribunal for fresh disposal as per law, after giving opportunity to the petitioners to amend the claim petition, if they so chooses and to both sides to adduce evidence, if any. Sd/- C. PRATHEEP KUMAR, JUDGE S.M.K.