IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN FRIDAY, THE 19TH FEBRUARY 2010 / 30TH MAGHA 1931 MACA.No. 1981 of 2009() ---------------------------------- OPMV.3747/2002 of PRL.MOTOR ACCIDENT CLAIMS TRIBUNAL, KOZHIKODE .................... APPELLANT(S): PETITIONER ------------------------ GAIKWAD ARJUN KAKASAHEB, AGED 55 YEARS, ROHINI NIVAS, MENHANYAM, P.O.PERAMBRA, KOZHIKODE DISTRICT. BY ADV. MR.V.S.CHANDRASEKHARAN RESPONDENT(S): RESPONDENTS -------------------------- 1. P.K.SASIKUMAR, AGE & FATHERS NAME NOT KNOWN, CLASSIC MOTORS, KALPETTA, NORTH WAYANAD. 2. ORIENTAL INSURANCE COMPANY LTD., BRANCH OFFICE, KINGSWAY BUILDING, MAVOOR ROAD, KOZHIKODE. R2 BY ADV.MR.VPK.PANICKER THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 19/02/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: M.N. KRISHNAN, J. ........................................... M.A.C.A.No.1981 OF 2009 ............................................. Dated this the 19th day of February, 2010. J U D G M E N T This appeal is preferred against the award of the Claims Tribunal, Kozhikode in OP(MV)No.3747/2002. The claimant alleged to be the owner of a car bearing registration No. KL-11/L 1905 has moved the tribunal for damages sustained to the vehicle when it was hit by an Omini Car - KL 12/A 5569 from behind. He claimed a sum of Rs.29,800/=. In spite of opportunities the claimant did not produce the registration certificate to prove the ownership and therefore non-suited the claimant on that ground. The tribunal did not consider about the quantum of damages or about the existence of policy on the basis of this finding. The learned counsel for the appellant would strongly contend before me that he has produced registration particulars before the court below but the court did not accept it. She had made available before me a true extract copy of the document issued by the Additional Registering Authority, Vadakara which would indicate that there is some : 2 : M.A.C.A.No.1981 OF 2009 force in the contention of the learned counsel. Therefore I am inclined to grant an opportunity. The award under challenge is set aside and the matter is remitted back to the tribunal with a direction to all concerned to produce documentary as well as oral evidence in support of their respective contentions and then dispose of the matter in accordance with law. Parties are directed to appear before the tribunal on 16.3.2010. Disposed of accordingly. M.N. KRISHNAN, JUDGE cl : 3 : M.A.C.A.No.1981 OF 2009