IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN TUESDAY, THE 15TH SEPTEMBER 2009 / 24TH BHADRA 1931 M.A.C.A.No. 1985 of 2008() ----------------------------------- O.P.(MV) NO.2049/2002 of MOTOR ACCIDENTS CLAIMS TRIBUNAL, KOZHIKODE .................... APPELLANT/CLAIMANT: ------------------------------------ MATHEW, S/O.THOMAS, AGED 88 YEARS, PUTHIYAMADATHIL HOUSE, ADIVARAM POST, KOZHIKODE. BY ADV. SMT.K.V.RESHMI RESPONDENTS: --------------------- 1. K.M.JOHNI, S/O.MATHAI, KADUKKAMTHOTTIYIL HOUSE, KAVUMANDAM POST, WAYaNAD. 2. BINU, S/O.VARGHESE,AGED 31 YEARS, MADATHIL HOUSE, KAVUMANDAM, WAYANAD. 3. THE UNITED INDIA INSURANCE CO., LTD, BRANCH OFFICE, KAVUMANDAM, KALPETTA. ADVS. SRI.E.NARAYANAN FOR R1 & 2 SMT.M.LALITHA NAIR FOR R3 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 15/09/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: ln M.N. KRISHNAN, J. =-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-= M.A.C.A.No. 1985 of 2008 =-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-= Dated this the 15th day of September, 2009 JUDGMENT This is an appeal preferred against the award of the Motor Accidents Claims Tribunal, Kozhikode in O.P. (MV) No.2049 of 2002. The claimant, aged 83 years, sustained injuries in a road accident. A perusal of the award would show that it is stated therein that since the false wound certificate and reference cards are rampant, they are not believable. I feel that the said approach is totally erroneous. When a court is dissatisfied with a document, court can tell the counsel or suo motu call for the original document to find out the truth, thereby entitling a person to receive compensation. 2. Therefore, the impugned award is set aside and the matter is remitted back to the Tribunal for fresh consideration and the claimant is directed to himself examine and produce documentary evidence in support of his contention. Needless to say the Insurance Company also can produce documents in respect of its contention. The Tribunal is directed to dispose of the matter in accordance with law. The parties are directed to appear before the Tribunal on 12-11-2009. M.N.KRISHNAN, JUDGE. mn.