~ ~ ~ ~ ~ ~ ~ ~ ~ Challenging award dated 06.10.2010 in O.P.(MV) No.307/2007 of the Motor Accidents Claims Tribunal, Ottapalam, the petitioner has come up in appeal. The appellant, who became injured in a motor vehicle accident, has approached the Tribunal for compensation by showing the vehicle number as KL-10A-81. In fact, it seems that the vehicle number was mistakenly recorded by the police in the case records and in most of the documents, the number of the vehicle was shown as KL-10A-81 incorrectly. The same mistake has been repeated by the appellant in the application filed before the Tribunal in which also the vehicle number is incorrectly shown as KL-10A-81 instead of KL-10K-81. It seems that even though the said mistake has been pointed out by the 3rd respondent, and the 3rd respondent had denied coverage in respect of a vehicle having number as KL-10A-81, it seems that the appellant was sleeping over his right to get the application amended for incorporating the correct vehicle number as KL-10K-81. Consequently, the Tribunal has dismissed the application through the impugned award. 2. Heard the learned counsel for the appellant and the learned counsel for the respondents. The learned counsel for the appellant has pointed out that in the report filed by the Assistant Motor Vehicle Inspector, the vehicle number was correctly shown as KL-10K-81. According to the learned counsel for the appellant, the same escaped the notice of the learned counsel for the petitioner and, therefore, the vehicle number could not be corrected in the petition before the Tribunal. It is a case wherein injuries were allegedly occurred to the appellant in a motor accident. Due to the error committed by the police in entering the vehicle number in the case records, a person, who sustained injuries in a motor vehicle accident, should not be denied compensation. It is true that there were laches on the part of the appellant in amending the petition by incorporating the correct vehicle number even though the correct vehicle number was correctly shown in the report of the Assistant Motor Vehicle Inspector. In the facts and circumstances of the case and on hearing either side, this Court is of the view that one more opportunity can be granted to the appellant for correcting the vehicle number in the petition before the Tribunal, for which the impugned award has to be set aside and the matter has to be remitted to the Tribunal for fresh disposal in accordance with law.
In the result, this MACA is allowed and the impugned award is set aside. The matter is remitted to the Tribunal for fresh consideration and disposal in accordance with law for giving an opportunity to the appellant to amend the vehicle number in the petition, as KL-10K-81 wherever it occurs as KL-10A-81. In such case, an opportunity shall be granted to the 3rd respondent to file an additional written statement for taking up the defence available to the insurer. The parties shall appear before the Tribunal on 24.11.2014.
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(B.KEMAL PASHA, JUDGE) aks/15/10 // True Copy // PA to Judge